PEOPLE v. MALLORY

Docket No. 6,039.

20 Mich. App. 385 (1969)

174 N.W.2d 10

PEOPLE v. MALLORY

Michigan Court of Appeals.

Rehearing denied January 15, 1970.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Samuel J. Torina, Chief Appellate Lawyer, and Robert A. Reuther, Assistant Prosecuting Attorney, for the people.

Bell, Simmons, Gragg, Jarrett & Stephens, for defendants on appeal.

Before: LESINSKI, C.J., and HOLBROOK and QUINN, JJ.


QUINN, J.

Defendants appeal their jury conviction and subsequent sentence for possession of narcotics in violation of MCLA § 335.153 (Stat Ann 1957 Rev § 18.1123). The appeal questions the validity of the search warrant under which the narcotics were seized.

The reasons for defendants' contention that the search warrant was invalid are disclosed in their statement of issues:

"1. Is the unsupported affidavit of a previously untested narcotic...

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