State v. Malarky
Montana Supreme Court
Appeal from District Court of Silver Bow County; John V. Dwyer, Judge. Proceeding by the State against Andrew T. Malarky and certain intoxicating liquors, under the Enforcement Act (Chap. 143, Laws 1917). Judgment for defendant. The state appeals. All the law requires is that a sufficient description be given in a search-warrant, so' that the premises desired to be searched may be identified and located.
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Appeal from District Court of Silver Bow County; John V. Dwyer, Judge. Proceeding by the State against Andrew T. Malarky and certain intoxicating liquors, under the Enforcement Act (Chap. 143, Laws 1917). Judgment for defendant. The state appeals. All the law requires is that a sufficient description be given in a search-warrant, so' that the premises desired to be searched may be identified and located. It is held in Milwaukee Beer Go. v. State, 55 Okl. 181, 155 Pac. 200: “We are of opinion that this particular statute should receive a somewhat broader and more liberal construction than the…
1Opinion of the CourtJustice Cooper
The provisions of Chapter 143, Laws of 1917, page 239, commonly known as the Enforcement Act, furnish the basis for this proceeding. Section 7 thereof authorizes the court, upon á proper showing, to issue a search-warrant directing the seizure of all intoxicating liquors found within the building or premises therein described.
*135The facts are these; On the thirty-first day of January, 1919, as a foundation for a search-warrant, a complaint was sworn [1] to and filed by one of the prosecuting officers of Silver Bow county, alleging that there was probable cause to believe that Andrew T. Malarky…
2Cases cited4 opinions
- State v. GuthrieSupreme Judicial Court of Maine · 1897
- State ex rel. Streit v. Justice CourtMontana Supreme Court · 1912
- State ex rel. Prato v. District CourtMontana Supreme Court · 1919
- McNeal v. StateCourt of Criminal Appeals of Oklahoma · 1919
3Cited by4 opinions
- State ex rel. Samlin v. District CourtMontana Supreme Court · 1921
- State ex rel. Thibodeau v. District CourtMontana Supreme Court · 1924
- Preston v. StateCourt of Criminal Appeals of Oklahoma · 1929
- Allen v. StateCourt of Criminal Appeals of Oklahoma · 1928