Peophe v. Hertz

Defendant was convicted of violating the prohibition law and here reviews such conviction on exceptions before sentence. The only testinlony offered was that obtained on.a search warrant and the sole question here presented is the validity of such warrant. That the affidavit upon which the search warrant is issued must state “facts” as distinguished from “conclusions” is settled by People v. Effelberg, 220 Mich. 528. In the instant case the- form, of affidavit found in the Effelberg Case was used. It was alleged that the premises of defendant were occupied as a private residence and the…