Stokes v. State

Per Curiam. The Appellant, Leroy Donald Stokes, was convicted in the Criminal Court of Baltimore, in a non-jury trial, of violating the lottery laws. In this appeal he contends that it was error to admit into evidence lottery slips obtained .in a search of Appellant’s automobile because the car searched was a different one than that described in the search warrant. The warrant authorized the search of certain described premises, a red and white 1955 Chevrolet automobile bearing Maryland license FM 90-49 and the person of the Appellant.

Pursuant to the warrant the police went to the vicinity of the described premises, observed the Appellant drive up in an automobile which he left for a short time and upon his return they approached him and showed him the warrant. The officers thereupon searched him and found “in his hand one non-conventional lottery slip showing 60 numbers indicating $15.00 in play.” They then searched the automobile and “found 25 non-conventional lottery slips showing 1128 numbers and indicating $442.94 in play.” The Appellant contends that the admission into evidence of the slips found in the car constitutes error since the car searched was a 1959 model Chevrolet sedan rather than a 1955 model as described in the warrant. It was, however, registered in the Appellant’s name and the license number was the same as that stated in the warrant. It is argued that under the provisions of Maryland Code, Article 27, Section 551 a “search warrant shall name or describe with reasonable particularity the individual, building, apartment,