Darnell v. State

An indictment was returned against appellant, the fourth count of which charged that he unlawfully and feloniously transported intoxicating liquor in an automobile. He was found guilty on the fourth count, and judgment was rendered accordingly. The only question for decision discussed or even suggested in his brief is whether or not the sheriff of Elk-hart county and his deputies had authority to execute a search warrant (not otherwise challenged) which a justice of the peace had issued, upon the filing of a proper affidavit, the warrant being addressed, “To the Sheriff of Elkhart county or…