Fomby v. State

Bell, Chief Judge.

Defendants were convicted of operating a lottery for the hazarding of money. Both cases raise on appeal the same issue, the overruling of a motion to suppress evidence of lottery paraphernalia seized from the defendants.

The warrant in the Fomby case described the person and place to be searched as “John Doe @ Blue” and “on or about his person or auto (or truck) in the vicinity of Magnolia and Sunset, vehicle being either a green pickup truck or a blue and white Ford.” In the White case, the warrant gave the description of the person as John Doe and “on or about his person in…