Ghiorsi

This is a motion to quash a search warrant and exclude evidence. The warrant in question atithorizes a nighttime search, and the search was in fact made at night. The objection made is that the affidavit in support of the warrant is not positive in its statement that the property to be searched for was at the place to be searched at the time of the issuance of the search warrant. The material portion of the affidavit is as follows:

“That in and upon said premises, on or about the 16th day of January, 1929, a crime against the government of the United States of America, in violation of the National Prohibition Act and in violation of the internal revenue laws relating to the manufacture, sale, transportation, control, and taxation of intoxicating liquors, was and now is being committed, in this: That Jane Doe, described as follows: Black mark on right lower lip; plain old style wedding ring on finger; Italian, about 32 years of age, about 5 feet 4 inches in height, and about 130 pounds in weight — on or about said day on said premises and thereafter and now is keeping, selling, possessing, bartering, and/or transporting intoxicating liquor, all for beverage purposes, and the…