Harris v. State

Darrell Hickman, Justice.

John C. Harris was convicted in the Pulaski County Circuit Court of theft by receiving and fined $300.00.

On appeal he alleges three errors, only one of which has merit: we agree that the defendant’s motion to suppress certain evidence obtained by the use of a defective search warrant should have been granted.

The trial court noted that the search warrant was defective or insufficient in several respects: the judicial officer failed to make a finding that would have authorized a search and seizure day or night [Rules of Crim. Proc., Rule 13.2(c) (1976)]; a receipt was…