Brown v. State
| Citation | 313 S.W.2d 297,166 Tex.Crim. 322 |
| Parties | Audrey Renea BROWN, Appellant, v. The STATE of Texas, Appellee. No 29702. |
| Decision Date | 23 April 1958 |
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
John Cutler, Houston, for appellant.
Dan Walton, Dist. Atty., Thomas D. White and E. D. Michalek, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is possession of policy paraphernalia; the punishment, a fine of $100. Trial was before the court without the intervention of a jury.
Our disposition of this case precludes the necessity of stating the facts other than to observe that the officers testified that they searched the appellant's home under the authority of a search warrant. At the time they testified as to the fruits of the search, the appellant objected on the grounds that the search and the arrest of the appellant were illegal. We have searched this record in vain and have been unable to find where the search warrant was ever produced or exhibited to the trial court for his inspection.
In Blackburn v. State, 145 Tex.Cr.R. 384, 168 S.W.2d 662, 663, this Court, speaking through Judge Hawkins, said:
'The objections to the officers' testimony, under the circumstances here shown, should have been sustained.'
The judgment is reversed and the cause remanded.
To continue reading
Request your trial
-
Schepps v. State, 40895
...2 S.W.2d 436; Humphreys v. State, 116 Tex.Cr.R. 304, 31 S.W.2d 631; Taylor v. State, 120 Tex.Cr.R. 268, 49 S.W.2d 459; Brown v. State, 166 Tex.Cr.R. 322, 313 S.W.2d 297. See also Vines v. State, Tex.Cr.App., 397 S.W.2d 868; and Blackburn v. State, 145 Tex.Cr.R. 384, 168 S.W.2d There can be ......
-
Mattei v. State
...error will result. Vines v. State, Tex.Cr.App., 397 S.W.2d 868; Nunez v. State, 168 Tex.Cr.R. 455, 329 S.W.2d 93; Brown v. State, 166 Tex.Cr.R. 322, 313 S.W.2d 297; Henderson v. State, 108 Tex.Cr.R. 167, 1 S.W.2d 300; Blackburn v. State, 145 Tex.Cr.R. 384, 168 S.W.2d 662. See also Ciulla v.......
-
Ciulla v. State
...of the marijuana, that such evidence was lawfully obtained. Lee v. State, 167 Tex.Cr.R. 608, 322 S.W.2d 260 (1958); Brown v. State, 166 Tex.Cr.R. 322, 313 S.W.2d 297 (1958); Gomez v. State, 163 Tex.Cr.R. 469, 293 S.W.2d 657 (1956); Sampson v. State, 160 Tex.Cr.R. 302, 268 S.W.2d 661 In the ......
-
Ortega v. State, 43317
...in fact existed. In Blackburn there was a challenge in the trial that a search warrant ever actually existed. In Brown v. State, 166 Tex.Cr.R. 322, 313 S.W.2d 297, this Court '* * * At the time they (officers) testified as to the fruits of the search, the appellant objected on the grounds t......