People v. Mallory

Defendants appeal their jury conviction and subsequent sentence for possession of narcotics in violation of MOLA § 335.153 (Stat Ann 1957 Rev § 18.1123). The appeal questions the validity of the search warrant under which the narcotics were seized.

The reasons for defendants’ contention that the search warrant was invalid are disclosed in their statement of issues:

“1. Is the unsupported affidavit of a previously untested narcotic user as to reliability and dependability sufficient to satisfy the constitutional requirements necessary to obtain the issuance of a search warrant?

“2. Can an…