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Smith v. State

Court of Criminal Appeals of Texas
Nov 11, 1959
328 S.W.2d 764 (Tex. Crim. App. 1959)

Opinion

No. 30958.

November 11, 1959.

Appeal from the County Court at Law No. 2, Bexar County, Charles W. Grace, J.

Schlesinger, Goodstein Semaan, by Fred A. Semaan, San Antonio, for appellant.

Charles J. Lieck, Jr., Dist. Atty., Norma Lee Fink, Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


The offense is the possession of barbiturates; the punishment, a fine of $200.

The sole question presented for review is the authority of the Judge of County Court at Law No. 2 of Bexar County to issue a search warrant. Appellant contends that since Art. 33, Vernon's Ann.C.C.P., which defines who are magistrates, names the County Judge but does not name Judges of the County Courts at Law, the warrant in the instant case is void.

Recently in Ex parte Melton, 161 Tex.Crim. R., 279 S.W.2d 362, we had a kindred question and there analyzed the act which created the County Court at Law of Hidalgo and held that by the passage of such act the legislature intended to and Did create a county court to be known as the County Court at Law.

We hold that 'the county judge' as used in Art. 33, V.A.C.C.P., includes judges of County Courts at Law created and given jurisdiction ordinarily vested in County Courts and that the judge of said court is a magistrate and is authorized to issue a search warrant.

The judgment is a affirmed.


Summaries of

Smith v. State

Court of Criminal Appeals of Texas
Nov 11, 1959
328 S.W.2d 764 (Tex. Crim. App. 1959)
Case details for

Smith v. State

Case Details

Full title:Gerald v. SMITH, Appellant, v. STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Nov 11, 1959

Citations

328 S.W.2d 764 (Tex. Crim. App. 1959)
168 Tex. Crim. 438