Burke v. State

on state’s motion for rehearing.

Krueger, Judge.

The State, in its motion for a rehearing, insists that we erred in our original opinion by holding that the search of appellant’s home was illegal and the evidence discovered as a result thereof was inadmissible.

The State’s contention seems to be that appellant consented to the search of his premises, because when the officers informed him that they had a search warrant and wanted to look around, he told them to “go ahead.” It is further contended by the State that at the time of said search, no law was in effect authorizing the issuance of a…