Holley v. State

Appellant was convicted of having intoxicating liquors in his possession and sentenced therefor, and appeals from said judgment to this court.

The evidence was obtained by means of a search warrant. When the evidence was offered, it was objected to on the ground that the warrant was void because it was served after the expiration of the return day.

While the case was being- tried, the defendant tried to show this to be true before the jury, but the court held that it was a question for the court to decide, and that the jury had nothing’ to do with the competency of the evidence, and offered to…