People v. Ranes
| Citation | 203 N.W. 77,230 Mich. 384 |
| Decision Date | 03 April 1925 |
| Docket Number | No. 134.,134. |
| Parties | PEOPLE v. RANES. |
| Court | Supreme Court of Michigan |
OPINION TEXT STARTS HERE
Exceptions from Circuit Court, Ingham County; Leland W. Carr, Judge.
Charles Ranes was convicted of violation of the prohibition law. On exceptions before sentence. Exceptions overruled.
Argued before McDONALD, C. J., and CLARK, BIRD, SHARPE, MOORE, STEERE, FELLOWS, and WIEST, JJ. Thomas A. Lawler and John F. Berry, both of Lansing, for appellant.
Andrew B. Dougherty, Atty. Gen., and Barnard Pierce, Pros. Atty., of Lansing, for the People.
Defendant was convicted of a violation of the prohibition law (Pub. Laws 1917, No. 338), and brings his case here on exceptions before sentence.
The evidence was obtained on a search of defendant's home based on a search warrant previously issued. The testimony taken before the examining magistrate is returned, together with that taken on the trial, and all papers preliminary to the search and upon which the warrant was issued are a part of the record. By motion to suppress the evidence, made both before the magistrate and in the circuit, motion to quash the information, objections to testimony, motion in arrest of judgment, and motion for a new trial, defendant's counsel had carefully preserved the rights of his client, and here insists that the search warrant was invalidly issued and that the search was unjustified in the law.
The description of the premises in the affidavit is as follows:
‘* * * A tar paper shack and garage located on the following described parcel of land, viz.: Going out past old Duplex Truck plant on Lansing-Eaton Rapids about one-half mile to a stucco store on corner, beyond store about one-half block to Holmes road, thence east about one-third to one-half mile, to said shack which is on the north side of said road and with garage attached to east side, situated in the township of Lansing, said county and state, and occupied by said Jack Reans et al.’
The justice acquired or failed to acquire jurisdiction by this affidavit. People v. Czckay, 218 Mich. 660, 188 N. W. 376. The testimony taken before the magistrate, and which was in part relied upon on the motion to suppress the evidence, discloses that the Ranes home was a tar paper shack on the Holmes road, which runs east from the Lansing-Eaton Rapids highway; that it is but a short distance outside the city limits of the city of Lansing; that it is in a locality where the houses are not numbered. There is also testimony that there are other tar paper shacks in that locality, but there is no testimony that any of them have a garage attached on the east side.
We do not think it can be said that the description left any doubt as to the premises to be searched, or that it gave any discretion to the officer as to where he might execute his writ. Technicalities of description, as in a conveyance, are not required. We think the description sufficient under our holdings. See People v. Flemming, 221 Mich. 609, ...
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People v. Toodle
...in some of the cases. It seems to us, however, that both the use and the situation should be considered." As said in People v. Ranes, 230 Mich. 384, 203 N.W. 77 (1925), "[t]echnicalities of description as in a conveyance are not required." We believe that in this case, where it was apparent......
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State v. Matthews
... ... Nazel, 109 W.Va. 617, 156 S.E. 45. This rule is said to ... have been "applied without reserve" to lottery ... indictments. People v. Taylor, 3 Denio (N.Y.) 91, ... 93. The defendant relies on State v. Simmons, 99 ... W.Va. 702, 129 S.E. 757, in which an indictment charging the ... 495; State v ... District Court, 70 Mont. 191, 224 P. 862; Monroe v ... State, 123 Tex.Cr.R. 84, 57 S.W.2d 856; People v ... Ranes, 230 Mich. 384, 203 N.W. 77; Cornelius on Search ... and Seizure, § ... [184 S.E. 669.] ... 200, p. 488. There is no case holding that ... ...
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State v. Constanzo, 8093
...description in the affidavit, namely, a place under the Roma Club; People v. Lienartowicz, 225 Mich. 303, 196 N.W. 326; People v. Ranes, 230 Mich. 384, 203 N.W. 77, and the search was made only in the basement, which was 'in a certain space under the building known and designated as the Rom......
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People v. Kerwin
...Mich. 536, 190 N. W. 730;People v. Knopka, 220 Mich. 540, 190 N. W. 731;People v. Flaczinski, 223 Mich. 650, 194 N. W. 566;People v. Ranes, 230 Mich. 384, 203 N. W. 77. The motion to suppress was properly denied. It appears, however, that on the trial the legality of the search was again go......