delivered the opinion of the Court.
The greater part of the record is devoted to a controversy with reference to the admissibility of evidence procured under a search warrant. Acting under a search warrant, which the defendants assail, the sheriff of Hamilton County entered a room in a warehouse where the defendant J. M. Fine, or Jake Fine, had stored a large quantity of gambling equipment, numbers tickets, tickets in the nature, of lottery tickets based on the scores in baseball games, and other gambling paraphernalia. The boxes in which this gambling paraphernalia was packed appear to have been marked with Jake Fine’s name and the address following was that of- the gambling house which defendants were charged with operating.
We are prevented' from considering the validity of the search and the admissibility of the evidence secured thereunder because the search warrant is not included in the bill of exceptions.
A search warrant is ordinarily introduced to justify the admission of evidence, secured thereunder. Objections to the search warrant go to the admissibility of the evidence and the search warrant indeed is a part of the' evidence without which the remainder might be inadmissible. An objection to a search warrant in this connection is but an objection to evidence and we cannot reverse the ruling of the trial judge on evidence unless that evidence is properly preserved in a bill of exceptions. We have frequently so held.
In this case a paper purporting to be the search warrant appears in the transcript. Not being included in the bill of exceptions, it cannot be looked to since it is not authenticated by the signature of the trial judge.
The assignments with reference to the admissibility of evidence obtained under the search warrant must accordingly be overruled.
The facts of the case and other assignments of error are considered in a memorandum opinion heretofore filed. This discussion involves nothing of particular interest and is not included in the published -opinion.
Affirmed.