State v. Carter

Carey, Judge:

The events herein occurred prior to the passage and approval of Chapter 303, Volume 48, Laws of Delaware, which confers power to issue search warrants upon the Clerk of the Court of Common Pleas. Before that time he had no such power. See Sections 4058, 4483, and 6202 and Chapter 169 (as amended) Revised Code of Delaware 1935. The warrant issued in this case was therefore invalid. This conclusion agrees with a recent ruling by this Court wherein no written opinion was filed.

The important issue here is whether the defendants may raise the question of invalidity. The new statute…