Fabri

Acting under authority of a search warrant, which he assumed to be valid, a prohibition agent entered and searched the residence of one Fabri. In his verified return he certified that in executing the warrant he had seized and taken away very considerable quantities of whisky, rum, and .wine, contained in numerous bottles of various capacities. Following the search the district attorney -filed an information, charging Fabri, who is hereinafter referred to as defendant, in one count, with the unlawful possession of the liquors, and, in another, with the maintenance of a nuisance, in that he unlawfully kept the liquors for sale upon the premises searched. Upon his arrest, defendant appeared and filed a verified petition, assailing the validity of the warrant, and praying that it be quashed, that the evidence so obtained be suppressed, and that the seized property be ordered returned to him at his home. In the petition he alleges only that he was in possession, and not that he was in the lawful possession, of the property. Upon a hearing the court below ordered the warrant quashed and the evidence suppressed, but denied the prayer for a return of the property. Subsequently, upon…