Bernard v. State

ON appellant’s motion for rehearing

WOODLEY, Presiding Judge.

Appellant complains of our holding that he waived any complaint as to the search by his failure to object at the time the pistol was introduced in evidence. He points to his objection as to what the officer found and the trial court’s agreement that he had “a running objection to the fruits of the search”, the defendant’s contention being that any search was unlawful.

Assuming that the objection was sufficient, the admission of the evidence showing that a pistol was found in the automobile is not ground for reversal, the record…