119 So. 177 | Miss. | 1928
Much of the material evidence against appellant was secured by a search of his home and premises. The search was made by officers in pursuance of a search warrant issued for that purpose. Appellant undertook to show by testimony that such warrant was issued without probable cause. The court heard evidence of that character, and admitted the testimony of the officers making the search.
The issuance of a search warrant is a judicial finding by the officer issuing the warrant of the existence of the statutory grounds therefor set forth in the affidavit for the warrant. The issuance of the warrant is an adjudication by the officer issuing the same that probable cause exists for the search sought to be made. Hendricks v. State,
Appellant contends that the search warrant was void, because it was issued in violation of section 169 of the Constitution, which provides, among other things, that "the style of all process shall be `The State of Mississippi.'" The search warrant involved has this caption, which conforms to chapter 244 of the Laws of 1924, Hemingway's Code of 1927, section 2240: "State of Mississippi, Bolivar County: To any lawful officer of Bolivar County, Mississippi," etc. Appellant argues that there is no authority, under the section of the Constitution referred to, to style criminal process in that manner; that "State of Mississippi, Bolivar County," in the search warrant, was a mere statement of venue. We do not think that appellant's position is well-founded. We think a fair interpretation of the search warrant is that the state of Mississippi and Bolivar county directed any lawful officer of the county to proceed to execute the warrant according to its terms. Bolivar county might probably have been left out of the warrant, but failure to do so does not deprive the warrant of its proper style, as required by section 169 of the Constitution. To hold otherwise would mean that the above statute prescribing the form of search warrants violates section 169 of the Constitution. Every reasonable presumption should be indulged in favor of the constitutionality of the statute. Under that rule we cannot say that the statute in question violates section 169 of the Constitution.
Affirmed. *235