Stanzel v. State

ON , MOTION FOR REHEARING.

HAWKINS, Judge.

— Appellant questions the correctness of our opinion in construing the two attached affidavits as one instrument. They were made before the same magistrate on the same date and were fastened together with a clip which would seem to justify the conclusion that they should be considered together as one document. Further strength is added to such conclusion because, until the contrary is shown, we must assume the magistrate acted within his legal rights in issuing the search warrant. This right did not arise from the recitals in either of the affidavits…