Cochran v. State (2 S.W.2d 451, 1928)

MARTIN, J.

Offense, possession of intoxicating liquor for the purpose of sale; penalty, one year in the penitentiary.

Upon the trial, evidence was introduced of a search of appellant’s premises toy officers operating under a search warrant, which search revealed the presence of intoxicating liquors on said premises.

Objection was timely made to tbis evidence because tbe affidavit upon wbicb tbe search warrant was based did not show probable cause, was based upon information and belief, and did not contain tbe affirmation of any fact that would authorize such issuance.

An inspection of tbe affidavit-exhibited in tbe bill presenting tbis point shows that same is deficient in the respects pointed out in said objections. Tbe admission of tbe evidence touching tbe result of such illegal search was error under the uniform holdings of this court. Chapin v. State, 107 Tex. Cr. R. 477, 296 S. W. 1095; Lawhorn v. State (Tex. Cr. App.) 299 S. W. 413; .article 727a, C. C. P. Tbe matter has heretofore been fully discussed, and any further analysis of tbe question would be largely repetition.

Tbe judgment of the trial court is reversed, and tbe cause remanded.

PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of tbe Court of Criminal Appeals and approved by tbe court.

®=»For other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes