Appellant was convicted of commercial gambling in that he intentionally recorded a bet on an athletic contest. OCGA § 16-12-22 (a) (2). He enumerates as error numerous rulings made by the trial court during the trial, as well as the denial of several pre-trial motions. He also questions the sufficiency of the evidence.
1. Appellant asserts as error the denial of his motion to suppress. He contends that the search warrant was an illegal general warrant which did not state with sufficient particularity the person and premises to be searched. The warrant authorized a search of the premises at 7448 Mockingbird Trail, Riverdale, Clayton County, Georgia, for marijuana. While the warrant did not contain the name of any individual, the officer who applied for and executed the warrant testified *289 at the motion to suppress hearing that he had probable cause to believe that Donald Gann, a resident of the searched premises, was connected with the marijuana. After they were admitted entry into what appeared to be a single-family residence, the searching officers discovered that appellant and another man each occupied a bedroom in the home. Appellant’s bedroom was searched and the gambling paraphernalia which formed the basis of the indictment against him was allegedly found.
The failure to name a person in the search warrant is not fatal. “Search warrants are not directed at persons; they authorize the search of ‘places’ and the seizure of ‘things,’ and as a constitutional matter they need not even name the person from whom the things will be seized. [Cit.]”
Zurcher v. The Stanford Daily,
Appellant continues his assault upon the search of his bedroom by asserting that the “multiple occupancy structure” rule invalidated the officers’ search of his room since they had discovered, before conducting their search, that the residence was occupied by more than one person. Appellant maintains that the discovery of multiple occupants necessarily limited the officers’ search by excluding the areas under the dominion and control of those not the target of the warrant.
“A search warrant for . . . [a] multiple occupancy building will usually be held invalid if it fails to describe the particular subunit to be searched with sufficient definiteness to preclude a search of one or more subunits indiscriminately.” 2 LaFave, Search
&
Seizure, § 4.5 (b) at p. 78 (1978). If, however, neither the affiant nor investigating officers nor executing officers knew of or had reason to know of the structure’s actual multiple occupancy character until execution of the warrant was under way, and the outward appearance of the building reflects a single-occupancy structure, the warrant is not invalid for
*290
failure to specify a subunit within the building. Id. at 79. Compare
Jones v. State,
The officers in the case at bar were acting within the scope of the search warrant they had when they searched appellant’s bedroom for marijuana. Appellant admitted at the suppression hearing that his bedroom door did not have a lock by which he could secure the room against visitors while he was absent. See
Weaver,
supra. Evidence of another crime, discovered while searching pursuant to a valid search warrant, may be lawfully seized. See OCGA § 17-5-21 (b);
DePalma v. State,
2. Appellant next contends that his motion for directed verdict of acquittal was improperly denied.
The case against appellant was built on circumstantial evidence, “evidence which only tends to establish the issue by proof of various facts, sustaining by their consistency the hypothesis claimed.” OCGA § 24-1-1 (4). “To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the *291 guilt of the accused.” OCGA § 24-4-6. With these standards in mind, we assess the evidence presented against appellant.
The officer who applied for the warrant to search the residence testified that he awakened appellant in his bedroom and escorted him downstairs. The officer then sat at the kitchen table to conduct the inventory. Twenty minutes later, the officer observed cash and parlay cards in appellant’s bedroom. He stated that he did not know where the material had been found, but that it was sitting on the nightstand and on the bed when the searching officers showed it to him. On cross-examination, the witness reiterated that he had not participated in the search of appellant’s bedroom and was not personally aware of anything being found in appellant’s room. None of the officers who actually searched the residence testified.
The State’s case against appellant rests on the fact that the evidence of commercial gambling was found in appellant’s bedroom. However, no one testified to that fact. The only State’s witness who was in the house during the search admitted he did not search appellant’s room and did not know where the evidence used against appellant was found. He only “observed” the papers and money in appellant’s room some 20 minutes after he had entered the room and awakened appellant and then left. Mere
observation
of the material in appellant’s room is not sufficient to establish that the goods were
found
in appellant’s possession, especially when the lone witness states that he does not know where the evidence was found. See
Barton v. State,
Since the facts adduced at trial to link appellant to the evidence of gambling did not exclude every reasonable hypothesis save that of the guilt of appellant, the evidence was not sufficient to support the *292 verdict, and the judgment of conviction must be reversed. See Barton, supra; Hartley, supra; Collins, supra.
3. In light of the above holding, the remaining enumerations of error need not be discussed.
Judgment reversed.