State v. Van Valkenburg

• Decision Date: 10 November 1931
• Docket Number: 23343.
• Citation: 4 P.2d 832,165 Wash. 195
• Parties: STATE v. VAN VALKENBURG.
• Court: Washington Supreme Court

4 P.2d 832

165 Wash. 195

STATE v. VAN VALKENBURG.

No. 23343.

Supreme Court of Washington

November 10, 1931

Department 2.

Appeal from Superior Court, Snohomish county; Ralph C. Bell, Judge.

Ezra Van Valkenburg was convicted of the crime of unlawful possession of intoxicating liquor, and he appeals.

Affirmed.

A. W Swanson and Q. A. Kaune, both of Everett, for appellant.

Charles R. Denney and F. W. Mansfield, both of Everett, for the State.

MILLARD J.

This is an appeal from a conviction of the crime of unlawful possession of intoxicating liquor.

The only error assigned is that the search warrant, under authority of which the appellant's premises were searched and intoxicating liquor found thereon was seized, was not legally sufficient, in that it failed to correctly describe the premises searched.

The premises are described in the search warrant as follows 'Residence and premises of E. Van Valkenburg located on the Southwest quarter of the Southwest quarter of Section 2, Township 27 North, Range 6 East W. M., together with all outbuildings and sheds appurtenant thereto, situated in the County of Snohomish, State of Washington.'

Appellant resides on the south half of the south half of the northeast quarter of the southwest quarter and a strip ten rods wide off the north side of the southeast quarter of the southwest quarter of section 2, township 27 north, range 6 east, W. M.

The premises to be searched were sufficiently described in the warrant.The residence and premises of the appellant are located in the northeast quarter and in a small tract of the southeast quarter of the southwest quarter of section 2.The description in the warrant was more general in describing the premises to be searched as located in the southwest quarter of the section.No other person of the same name as the appellant lives in the southwest quarter of section 2, or in section 2.The searching...