Fisher v. State

On Motion for Rehearing.

MORROW, P. J.

Appellant insists that his premises were searched without a valid warrant and that this appears from the statement of facts. Neither the warrant nor the affidavit upon which it is based is set out in any of the bills of exceptions, nor is there specific reference thereto in either of the several bills.

Prom bill No. 1 we quote:

“ * * * The state was permitted to introduce in evidence the testimony and statement of G. R. Sturdivant, deputy sheriff, over defendant’s objection, ‘that he went to the home of the defendant and found between 50 and 55 gallons of…