Gullat v. State, ex rel. Dedge
Gullat v. State, ex rel. Dedge
Opinion of the Court
This case was submitted with 5 Div. 640, Ben Edmunds v. State, infra, 74 South. 965, and all the questions here presented, with a single exception to be noted, were there decided adversely to appellant.
It is sufficiently obvious that this numerical variance in the designation of the building to be searched was, in view of the precise identity of the description in all other particulars, a mere inadvertence on the part of the magistrate. As against a motion to quash from the face of the record the identity of the buildings described is sufficiently imported by the common designation of the building as one “known as the property of Mrs. Cochran.” The proper method of raising the question of a variance was by & plea in abatement showing that there were two distinct buildings to which the several descriptions were severally applicable. A mere variance as to the number of a building, if the description otherwise identifies it, is not .a good ground of objection.—Com. v. Intox. Liq., 117 Mass. 427, 2 Wool. & Thornt. Intox. Liq. § 618.
Finding no error in the record, the judgment and order of the circuit court will be affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.