Aguillar v. State
| Decision Date | 07 October 1964 |
| Docket Number | No. 34681,34681 |
| Parties | Nick Alford AGUILLAR, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Clyde W. Woody, Houston, for appellant.
Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., Carl E. F. Dally and Gus J. Zgourides, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
This conviction was affirmed and motion for rehearing was overruled. Aguillar v. State, 172 Tex.Cr.R. 629, 362 S.W.2d 111, 112.
On writ of certiorari, the United States Supreme Court held that the affidavit did not provide a sufficient basis for a finding of probable cause and that the evidence obtained as a result of the search warrant was inadmissible at appellant's trial. Upon such holding, the judgment of this Court affirming the conviction was reversed and the case was remanded for proceedings not inconsistent with the opinion of the Supreme Court. Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723.
The holding of the Supreme Court requires that the conviction be set aside.
The judgment is reversed and the cause is remanded.
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Eisenhauer v. State
...the judgment of the Court and remanded the cause. On remand the Court summarily reversed the judgment of conviction. Aguillar v. State, 382 S.W.2d 480 (Tex.Cr.App.1964). The Aguilar experience taught Texas two major lessons: one, that what statutory provisions there were for authorizing iss......
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Bellah v. State
...required to do under the Federal Constitution, see Art. VI, Federal Constitution, followed Aguilar v. Texas, supra. See Aguilar v. State, 382 S.W.2d 480 (Tex.Cr.App.1964). My research reveals that up to and including Aguilar v. State, supra, this Court, when it came to making the determinat......
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