Aguirre v. State

Citation7 S.W.2d 76
Decision Date09 May 1928
Docket Number(No. 11610.)
PartiesAGUIRRE v. STATE.
CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas

Appeal from District Court, San Patricio County; T. M. Cox, Judge.

Incarnacion Garza De Aguirre was convicted of possessing liquor for the purpose of sale, and she appeals. Reversed and remanded.

J. H. Schleyer, of New Braunfels, for appellant.

A. A. Dawson, State's Atty., of Austin, for the State.

MORROW, P. J.

The offense is the possession of intoxicating liquor for the purpose of sale; punishment fixed at confinement in the penitentiary for one year.

The state's testimony comes from an officer who testified that he found whisky in a room occupied by the appellant. He purported to have acted under a search warrant issued solely on an affidavit upon information and belief, setting out no facts upon which the information is based, and reading in part as follows:

"A certain dwelling house on the property of James Miller, on section 19, in the Geo. H. Paul subdivision of the Coleman Fulton Pasture Company's lands, occupied by a certain Mexican whose true name to affiants is unknown."

The warrant follows the affidavit and is deficient in the essential requisites of a search warrant based upon an affidavit showing probable cause, as required by article 1, § 9, of the Bill of Rights, as construed in many judicial decisions. See Chapin v. State, 107 Tex. Cr. R. 477, 296 S. W. 1097.

The description of both the person and the premises is vague. We gather from the evidence that on the premises were several houses divided into compartments designed for the use of laborers upon the estate. The particular house which was searched under the warrant contained twelve rooms. Each of them were separate apartments, and one of them was occupied by the appellant and three other persons; and the others by various persons, all cotton pickers. It appears that the appellant was a woman, a fact not disclosed by either the affidavit or the warrant. Inasmuch as the search warrant was not supported by the affidavit exhibiting any fact or information purporting to show probable cause, a detailed discussion of the other defects mentioned will be omitted. It will be stated, however, that both by statute and precedents it is contemplated that the place shall be described with some degree of certainty. See article 691, P. C. 1925; also, title 6, C. C. P. 1925; Dupree v. State, 102 Tex. 455, 119 S. W. 301. So, also, the affidavit should state the name of the person, or, if the name be unknown, it should give such description to the officer executing the warrant as will guide him in identifying the person whose premises it is intended he shall search. See Alford v. State, 8 Tex. App. 561; title 6, C. C. P.,...

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7 cases
  • Haynes v. State, 44217
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • December 14, 1971
    ...must contain sufficient guidelines to apprise the officers executing that warrant of the particular unit to be searched. Aguirre v. State, 109 Tex.Cr.R. 584, 7 S.W.2d 76. Where the warrant contains accurate directions as to how to locate the place to be searched and a showing is made that t......
  • Smith v. State
    • United States
    • Court of Appeals of Texas
    • January 15, 1998
    ...first searched the premises of an innocent third party. Morales v. State, 640 S.W.2d 273, 275 (Tex.Crim.App.1982); Aguirre v. State, 109 Tex.Crim. 584, 7 S.W.2d 76, 77 (1928); see also State v. Chavarria, No. 01-96-01389-CR, slip op. at 5-6, --- S.W.2d ----, ---- - ----, 1997 WL 745751 (Tex......
  • Helton v. State
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 20, 1957
    ...716. Whether probable cause existed for the issuance of the warrant must be determined from the face of the affidavit. Aguirre v. State, 109 Tex.Cr.R. 584, 7 S.W.2d 76. 'Probable cause,' as that term is used, means a reasonable ground of suspicion, supported by circumstances warranting a ca......
  • Parrack v. State
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • March 1, 1950
    ...rendered ineffective the search warrant based thereon. In support of his contention, reliance is had upon the cases of Aguirre v. State, 109 Tex.Cr.R. 584, 7 S.W.2d 76; Tillery v. State, 114 Tex.Cr.R. 106, 24 S.W.2d These cases arose under what is known as the Dean Law, prohibiting, among o......
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