STATE v. DAVEY


89 A.2d 871 (1952)

STATE v. DAVEY.

Superior Court of Delaware, New Castle.

June 24, 1952.


Attorney(s) appearing for the Case

Louis J. Finger, Dep. Atty. Gen., for the State.

David B. Coxe, Jr., Wilmington, for defendant.


TERRY, Judge.

The first objection relates to the character of the task pertaining to the determination of "probable cause" upon which the search warrant was issued; that is, is the finding of "probable cause" a judicial or a ministerial function?

The question can only be determined, it seems to me, in the light of certain provisions appearing in our Constitution, together with the enactment of Paragraph 5343-DD, Section...

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