Plaintiff in error, Edward Simmons, was convicted in the circuit court of Rock Island county, under the Prohibition act, for illegally possessing intoxicating liquor, and he was sentenced to confinement in the county jail of that county for a term of six months. The record is now before this court for review upon writ of error.
Plaintiff in error in his brief states: "There is involved in this case but two questions: The one as to the sufficiency of the complaint for search warrant, under the law and constitution, to authorize the issuance of a search warrant. The other as to the right of the officers executing the particular warrant to search not only that part of the building occupied for garage purposes, but also that part occupied and used by the defendant as a dwelling or place of residence." We have so frequently stated the requisites of a valid complaint for a search warrant that no good purpose would be served by reiterating them here.
In this case affiant, in the affidavit for the search warrant, stated: "He was at and within the above described premises on the 19th day of September, A.D. 1927, and there purchased one pint of intoxicating liquor commonly called hootch, or home-made whisky, for beverage purposes, and paid for the same the price of one dollar." It is contended by plaintiff in error that this allegation was not a sufficient basis for the allegation in the complaint "that he had just and reasonable grounds to believe that intoxicating liquor, as defined in the Illinois Prohibition act, is now unlawfully *Page 496
possessed and sold at and within the following described premises," as the date of the sale was two days prior to the making of the affidavit for the search warrant and as it did not state the name of the person making such sale. It was not necessary for the affidavit to state the name of the person making the sale. In People v. Holton,
It is contended by plaintiff in error that in the affidavit the premises to be searched were particularly described as a garage, and that in the execution of the warrant the officers searched not only that part of the premises within the general description that was used as a garage, but also a smaller room in the building which was partitioned off from the rest and which was used not as a garage but as *Page 497
the dwelling place or home of plaintiff in error, and that it was from this latter room that all of the evidence introduced against plaintiff in error was obtained. The description of the premises contained in the search warrant is as follows: "At and within the following described premises: A certain one-story frame garage building located on the west side of Eleventh street between Fourth and Fifth avenues, the number of said building being 412 Eleventh street, in the city of Rock Island, in the county and State aforesaid, and which said premises are occupied as a garage and blind pig by one Edward Simmons." The evidence shows, without substantial dispute, that the building at 412 Eleventh street was an old frame building that had in the past been used as a livery barn, a wagon shop, a blacksmith's shop, and more recently as a garage; that there was a ground floor and a loft above; that the ground floor space consisted of a large room, which at the time in question was used for the storage of automobiles and for some repair work thereon, and a small room about ten feet square in the northeast corner of the building. The ground floor originally consisted of but one room, but about fifteen years after its construction the small room had been partitioned from the rest of the barn by means of plaster board, which formed the south and west walls of the room. The only entrance to this room was through the larger room, there being no door leading to the street. There were no rugs or carpet on the floor, and the furniture consisted of a cot, a box or safe, a desk containing the cash drawer, a few chairs, a telephone and a radio. It is referred to both by witnesses for the People and plaintiff in error as "the office." While in People v. Castree,
We are of the opinion that neither of the points urged by plaintiff in error for reversal is well taken, and the judgment of the circuit court of Rock Island county is therefore affirmed.
Judgment affirmed.
