Blanks v. State

• Decision Date: 29 February 1928
• Docket Number: (No. 10958.)
• Parties: BLANKS v. STATE.
• Court: Texas Court of Criminal Appeals

3 S.W.2d 448

BLANKS v. STATE.

(No. 10958.)

Court of Criminal Appeals of Texas.

February 29, 1928.

Commissioners' Decision.

Appeal from District Court, Taylor County; W. R. Ely, Judge.

Charlie Blanks was convicted of possessing liquors containing in excess of 1 per cent. of alcohol by volume, and he appeals. Reversed and remanded.

Kirby, King & Overshiner, of Abilene, for appellant.

Sam D. Stinson, State's Atty., and Robt. M. Lyles, Asst. State's Atty., both of Austin, for the State.

MARTIN, J.

Offense, the possession of liquors containing in excess of 1 per cent. of alcohol by volume; penalty, two years in the penitentiary.

Operating under an illegal search warrant, the officers of Taylor county searched a business house in possession of appellant and found therein a quantity of liquors admitted to contain over 1 per cent. of alcohol by volume. The search warrant was issued by virtue of a complaint based upon information and belief, and which contained a statement of no facts showing probable cause. Proper and timely objections were made to the reception of this evidence, and its admission was erroneous under the uniform holdings of this court. Chapin v. State, 107 Tex. Cr. R. 477, 296 S. W. 1095; Sutton v. State (Tex. Cr. App.) 300 S. W. 639; Lawhorn v. State (Tex. Cr. App.) 299 S. W. 413; Alva McLennan v. State, 3 S.W.(2d) 447, No. 11288, not yet officially reported.

For the error in the admission of this evidence, the judgment is reversed, and the cause remanded.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.