Falkner v. State

Appellant was indicted for unlawfully having intoxicating liquors in his possession and was convicted on testimony procured through a search warrant issued by the mayor of the town of Carthage, returnable before a justice of the peace of the district in which the defendant lived.

It is insisted that the mayor did not have authority to issue a warrant to search the premises beyond the corporate limits of the town of which he was mayor.

*108Section 2088, Hemingway’s Code (Laws 1908, chapter 115), provides as follows:

“Upon the affidavit of any credible person that he has reason to believe and does…