Rohlfing v. State

ON PETITION FOR REHEARING

Draper, J.

In its petition for rehearing, apparently prepared by the prosecuting attorney of the 69th Judicial Circuit, the State complains that we held, in effect, that articles seized in an unlawful search “becomes sacred and inaccessible.” We did not mean to so hold.

The cases below noted are now cited to sustain the State’s assertion that where knowledge of the defend-, ant’s possession of articles used or useful in violating the law is gained or had by witnesses independently, of the violation of the defendant’s constitutional rights,the testimony of such witnesses…