Carpenter v. State

Carpenter was convicted of bookmaking by Judge Mish, sitting without a jury, in the Circuit Court for Washington County, and sentenced to serve nine months in jail and pay a fine of $1,000. The appeal attacks the search warrant under which evidence against him was obtained on two grounds, that it was fatally defective in form, and not issued upon a showing of probable cause.

The alleged defect in the warrant was that it erroneously referred to the statute creating the crime of bookmaking as Chapter 81, Acts of 1950 instead of Section 291, Article 27 of the Code. Chapter 81 repealed and…