Stewart v. State

GRIMES, Judge.

This appeal involves the legality of a search warrant which failed to identify the person or group of persons authorized to effect its execution.

The state charged appellant with possession of marijuana with intent to sell and possession of narcotic paraphernalia. The charge resulted from the seizure of the contraband from appellant’s residence pursuant to a search warrant. He moved to suppress the contraband, alleging that the omission of those authorized to execute the warrant rendered it facially defective and incapable of proper execution. The court denied the motion, and…