Siragusa v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant calls attention to a question which arises because the search warrant was executed at night. It appears from bill of exception number two that, when the state tendered testimony of the searching officer, appellant objected upon the ground that the search warrant was void; the third ground of such claim being, as stated in the bill, that “said search warrant was executed at night about eleven o’clock p. m., and does not authorize a search to be made of said premises.” In connection with said objection, it is certified in the bill and borne out…