Powell v. State

The appellant was convicted on a charge of having in his possession a distillery, and sentenced to serve a term of eighteen months in the state penitentiary, and from this conviction and sentence this appeal was prosecuted.

The testimony upon which the conviction was based was secured by means of a search of appellant’s home and premises under a search warrant in which there was no date or time fixed for the execution and return thereof, and on appeal the appellant contends that this warrant was insufficient to authorize the search, and consequently that the evidence secured by the search was…