19-4411. Service of warrant at night. The magistrate must insert a direction in the warrant that it be served in the day time unless the affidavits are positive that the property is on the person or in the place to be searched, in which case he may insert a direction that it be served at any time of the day or night.
[(19-4411) Cr. Prac. 1864, sec. 639, p. 292; R.S., R.C., & C.L., sec. 8400; C.S., sec. 9329; I.C.A., sec. 19-4511.]