Denton v. State

(after stating the facts as above). In this case a motion was made by defendant, before the trial, to suppress the evidence obtained by reason of the search warrant. This motion was presented and evidence offered thereon prior to the trial. The same was overruled and defendant excepted to the ruling of the court. It is contended by defendant: (1) That the affidavit was insufficient upon which to base the issuance of the search warrant, and the defendant having not waived his right to search his premises without a search warrant, the search was illegal and void; (2) that the search warrant was…