Merritt v. State

Hall, Presiding Judge.

Defendant, who has been convicted of operating a lottery, appeals from the denial of his motion to suppress evidence which he contends was illegally seized under an invalid search warrant.

1. Defendant first contends that the State never formally introduced the warrant in evidence at the hearing on the motion to suppress, and it therefore may not rely upon the warrant to carry its burden of proof on the issue of legal search. The record shows, however, that the State produced the warrant and the judge had it before him when he made the rulings on its sufficiency.

We fail…