Henry v. State

DUFFY, Justice:

Defendant was convicted in the Superior Court of possessing a destructive weapon, in violation of 11 Del.C. § 1444, and on two counts of receiving stolen property, in violation of 11 Del.C. § 851. He appeals on the ground that certain tangible evidence was unlawfully seized from his dwelling house under a warrant which improperly authorized a search during the nighttime. 1 We reverse.

I

Our inquiry concerns not the search itself nor the basis for it but, rather, the time at which it occurred. And as to this, we look to 11 Del.C. § 2308, which governs a “search at nighttime.” That…