Lochnane

Plaintiffs in error, Lochnano and White, were convicted of unlawful possession of intoxicating liquor. Before the trial of the case the court overruled defendants’ motion to suppress certain evidence, on the ground that the affidavit upon which the search warrant was based failed to state any facts upon which tho commissioner could have based a finding of probable cause, and that the search and seizure were void and illegal, as made in violation of the Fourth and Fifth Amendments to the Constitution.

The affidavit upon which the search warrant issued was made by G. B. O’Hara, who deposed that he was a federal prohibition agent; that a crime was being committed in Seattle, Wash., in that one Myrtle Olson, Mildred White, and Ray Johnson, proprietors, had been and then wore “possessing, transporting, and selling intoxicating liquor, all for beverage purposes, on the premises described as Ottawa Hotel, 818 First avenue, Seattle, Wash., and on the premises used, operated, and occupied in connection therewith, * * * all of said premises being occupied or under the control of said Myrtle Olson, Mildred White, and Ray Johnson, all in violation of the statute in such eases made and…