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Standard v. State

Court of Criminal Appeals of Texas
Nov 27, 1929
21 S.W.2d 1066 (Tex. Crim. App. 1929)

Opinion

No. 13108.

Delivered November 27, 1929.

Burglary — Search Warrant.

The affidavit for search warrant being based on information and belief and the facts and circumstances upon which the belief was founded not being set forth in the affidavit the admission of the evidence of the result of the search was error.

Appeal from the District Court of Taylor County. Tried below before the Hon. M. S. Long, Judge.

Appeal from a conviction for burglary, penalty two years in the penitentiary.

The opinion states the case.

W. E. Martin of Abilene, for appellant.

A. A. Dawson of Canton, State's Attorney, for the State.


The offense is burglary; the punishment confinement in the penitentiary for two years.

An accomplice testified that he and appellant burglarized the store of W. H. Stamps. Acting under a purported search warrant, officers searched appellant's private dwelling and found therein a quantity of groceries, which the injured party identified as having come from his burglarized store. Appellant did not testify. The testimony of his wife in his behalf raised the issue of alibi.

The affidavit for the search warrant was based upon information and belief. The facts and circumstances upon which the belief was founded not set forth in the affidavit. Hence the search warrant was invalid, and under the provisions of Art. 727-a, C. C. P., in receiving the evidence of the result of search over proper objection on the part of appellant, the learned trial judge fell into error. Boose v. State, 2 S.W.2d 856.

The judgment is reversed and the cause remanded.

Reversed and remanded.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.


Summaries of

Standard v. State

Court of Criminal Appeals of Texas
Nov 27, 1929
21 S.W.2d 1066 (Tex. Crim. App. 1929)
Case details for

Standard v. State

Case Details

Full title:J. L. STANDARD v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Nov 27, 1929

Citations

21 S.W.2d 1066 (Tex. Crim. App. 1929)
21 S.W.2d 1066

Citing Cases

Johnson v. State

Hence the search warrant was invalid. Standard v. State, 113 Tex. Crim. 600, 21 S.W.2d 1066; Sirman v. State,…