Williams v. State

*507OPINION ON APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW

in which MeCORMICK, Presiding Judge, and MEYERS, MANSFIELD, KELLER, PRICE and HOLLAND, Judges, joined.

The issue in these cases is whether a search warrant that directs that it be returned “within three days, exclusive of the day of its execution,” may be executed on the fourth day after the date of issuance. We hold that it may.

On November 5, 1993, a magistrate issued a combined search and arrest warrant, which directed:

HEREIN FAIL NOT, BUT HAVE YOU THEN AND THERE THIS WARRANT WITHIN THREE DAYS, EXCLUSIVE OF THE DAY OF ITS EXECUTION,…