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Gleghorn v. State

Court of Criminal Appeals of Texas
Oct 25, 1944
182 S.W.2d 920 (Tex. Crim. App. 1944)

Opinion

No. 22922.

Delivered October 25, 1944.

Affidavit and Search Warrant.

Affidavit and search warrant, referring only to the premises to be searched as the premises of defendant, without asserting that defendant either occupied, possessed, or had charge of the premises, held invalid, and testimony obtained as a result thereof was inadmissible.

Appeal from County Court of Baylor County. Hon. Robert Jones, Judge.

Appeal from conviction for a violation of the liquor laws; penalty, fine of $500.00.

Reversed and remanded.

The opinion states the case.

E. F. Fruechte, of Wichita Falls, and Rollie Fancher, of Seymour, for appellant.

Ernest S. Goens, State's Attorney, of Austin, for the State.


Appellant was charged with a violation of the liquor laws of Baylor County, and was by a jury assessed a fine of $500.00.

This case is in the same condition, relative to the affidavit and search warrant, as our cause No. 22921, A.D. Jones v. State, this day decided. (Page 546 of this volume.) In both the affidavit and warrant the premises searched, and where the liquor was found, are merely set forth as being the "premises of W. G. Gleghorn." No further connection therewith is shown in either the affidavit or warrant; no allegation of possession, occupation or control over such premises upon the part of appellant.

Under the authorities cited in our No. 22921, A.D. Jones v. State, supra, this judgment is reversed and the cause remanded.


Summaries of

Gleghorn v. State

Court of Criminal Appeals of Texas
Oct 25, 1944
182 S.W.2d 920 (Tex. Crim. App. 1944)
Case details for

Gleghorn v. State

Case Details

Full title:W. G. GLEGHORN v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Oct 25, 1944

Citations

182 S.W.2d 920 (Tex. Crim. App. 1944)
182 S.W.2d 920