Boyd v. State

McGehee, G. J.

The evidence on which the appellant, P. H. Boyd, was convicted of the unlawful possession of intoxicating liquor was obtained upon a search by the officers under a search warrant issued by a justice of the peace at the instance of a deputy sheriff, who had carried to the justice of the peace a signed form of affidavit, bearing the signature of the sheriff, substantially in the form prescribed by Section 2616, Code 1942, as an affidavit for a search warrant for intoxicating liquors. However, the sheriff had signed this printed form of affidavit at his office at Raleigh in Smith…