Arnold v. State, 25852

• Decision Date: 14 May 1952
• Docket Number: No. 25852,25852
• Citation: Arnold v. State, 248 S.W.2d 738, 157 Tex.Crim. 313 (Tex. Crim. App. 1952)
• Parties: ARNOLD v. STATE.
• Court: Texas Court of Criminal Appeals

Page 738

248 S.W.2d 738

157 Tex.Crim. 313

ARNOLD v. STATE.

No. 25852.

Court of Criminal Appeals of Texas.

May 14, 1952.

R. L. Wade, H. E. Tarpley, W. R. Sessions and Susan W. Sessions, Dallas, for appellant.

Henry Wade, Dist. Atty., Charles S. Potts, Asst. Dist. Atty., and Robert L. Shaw, Asst. Dist. Atty. all of Dallas, George P. Blackburn, State's Atty., of Austin, for the State.

BEAUCHAMP, Judge.

The appeal is from a conviction for keeping a bawdy house, there being alleged five different offenses at different dates, in which a jail sentence of 20 days and a $200 fine was imposed in each case, making 100 days in jail and $1,000 fine.

In the progress of the trial it was shown that the officers obtained a search warrant from a justice of the peace, by virtue of which they seized certain articles and introduced them as exhibits for the purpose of showing that the premises were used as a house of prostitution. Objection was made to the introduction of these articles in evidence. Bill of Exception No. 6 shows that both the affidavit for the search warrant and the search warrant itself were introduced in evidence, over the defendant's objection. This was clearly error.

It is contended in brief filed by the District Attorney's office that the objection is insufficient in that the grounds were based...