State v. Mariana

Mariana, indicted on a charge of illegal betting and selling books and pools on horse races, moved the criminal court on the day of his trial, but before the trial was begun, that papers obtained by a search of his house in violation, as he alleged, of chapter 194 of the Acts of 1929 (Code, art. 35, sec. 4A) be suppressed as evidence and their use on the trial prohibited. On behalf of the State it was moved that the motion to suppress be not received; but it was received and granted, and on the subsequent trial the State was, as a consequence, without evidence, and an acquittal resulted. The…