State v. Bybee

This is an appeal by the state from the ruling of the trial court, sustaining a motion to suppress the evidence on the ground of an insufficient description in the affidavit and search warrant.

The state insists that the court erred in sustaining the motion to dismiss for the reasons:

First, that said trial court erred as a matter of law in sustaining the motion of the defendant in said cause to suppress the evidence in behalf of the plaintiff.

Second, that said trial court erred in holding that the search warrant, and the affidavit upon which said search warrant was based, and which were…