Broyles v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant renews complaint at the admission in evidence of the search warrant and the affidavit upon which it was predicated. Neither of these documents should have gone to the jury. ■ If objection had been urged that the recitals in the affidavit and warrant were hearsay doubtless the learned trial judge would hot have admitted them. Where search upon “probable cause” may legally be made in the absence of a search warrant — as of an automobile — it has been held that if it become an issue whether the facts existed which are claimed to constitute…