Claunch v. State

The decision in this case called for a construction of the last sentence of Section 1877, Code 1942, which is in these words: “The application and order, if made in vacation, shall be in writing and filed with the clerk”.

The Court holds that there was no written application for the appointment, and that such appointment was void, thus destroying the right to search.

I am unable to bring myself into agreement with this construction, and, with deference, I respectfully dissent from that conclusion for two reasons: (1) Either there was an application in writing, under the circumstances of this…