Stork v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

Quite earnestly the appellant, through his counsel, contends that in declaring that the affidavit for the search warrant was signed by the magistrate, within the meaning of Art. 316, C. C. P., 1925, error was committed. The article mentioned concludes thus:

“That it be dated and signed by the magistrate, and directed to the sheriff or other peace officer of the proper county.”

In Art. 23, Rev. Civ. Stat., 1925, it is said:

“The following meaning shall be given to each of the following words, unless a different meaning is apparent from the context:

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