Edwards v. State
| Decision Date | 07 April 1964 |
| Docket Number | 4 Div. 501 |
| Citation | 162 So.2d 894,42 Ala.App. 307 |
| Parties | Neison EDWARDS v. STATE. |
| Court | Alabama Court of Appeals |
W. H. Baldwin, Andalusia, for appellant.
Richmond M. Flowers, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.
Edwards was convicted of possessing prohibited liquors and sentenced as a multiple offender to twelve months hard labor. This lengthier term comes from Code 1940, T. 29, § 99, for a third or subsequent conviction.
February 16, 1963, officers armed with a search warrant issued on an affidavit based on probable cause found moonshine whiskey in Edwards's home. No time of execution appears on the return to the warrant.
The evidence of the time of search is as follows:
'Q What time of the day did you enter that home?
'A It was late afternoon.
'Q Was it before 6 o'clock, P.M.?
'A Well, I really couldn't say about that.
'Q What is your opinion as to what time you went there?
'A It was about good dark.
'A Yes, sir.
'A It was dark, yes, sir.
The facts being uncontroverted, no motion to suppress before trial was mandatory. Lawson v. State, 42 Ala.App. 172, 157 So.2d 226; Brown v. State, Ala.App., ---- So.2d ---- (Ms., 7 Div. 739).
The State failed to show the search was made within the legal hours. Under Weldon v. State, 39 Ala.App. 286, 97 So.2d 825, this judgment is due to be reversed.
Reversed and remanded.
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Kuenzel v. State
...the light of day, as distinguished from night or nighttime." Black's Law Dictionary 358 (rev. 5th ed. 1979). In Edwards v. State, 42 Ala.App. 307, 308, 162 So.2d 894, 895 (1964), the Alabama Court of Appeals held that the State failed to show that the search was made in legal hours where th......
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...inadmissible fruits of a search conducted at night. See Pate v. State, 42 Ala.App. 350, 351, 165 So.2d 127 (1964); Edwards v. State, 42 Ala.App. 307, 308, 162 So.2d 894 (1964); Weldon v. State, 39 Ala.App. 286, 97 So.2d 825 (1957). The United States Court of Appeals for the Third Circuit co......
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...before 6 o'clock in the afternoon, the burden was cast upon the State to show that it was timely executed.' See also Edwards v. State, 42 Ala.App. 307, 162 So.2d 894. This search warrant expressly limited its execution to daytime. This specification means that where the defendant objects to......
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