Combs v. State, 21513.

Citation149 S.W.2d 971
Decision Date09 April 1941
Docket NumberNo. 21513.,21513.
PartiesCOMBS v. STATE.
CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas

Appeal from San Saba County Court; J. B. Harrell, Judge.

Mrs. David Combs was convicted of possessing intoxicating liquor in a dry area for the purpose of sale, and she appeals.

Reversed and remanded.

J. Mitch Johnson, of San Saba, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

Conviction is for the possession for the purpose of sale of intoxicating liquor in San Saba County, a dry area; the punishment assessed being a fine of $100.

The evidence upon which the conviction is based was procured as a result of a search of appellant's private residence, which was a tent. The evidence as to the result of the search was objected to on the ground of a misdescription in the search warrant of the place to be searched. The objection was overruled, proper exception reserved, and the question is brought forward for review. The property to be searched was described in the affidavit for the search warrant and in the warrant itself as follows: "A certain private dwelling located in San Saba County, Texas, described as (a) tent walled up with planks about three feet with wooden door and glass panel in front, being a brown duck tent, located on the west side of Llano highway leading south out of San Saba, No. 16, about one-fourth of a mile in a southerly direction from the courthouse in San Saba Town; and being the next to the last tent on the right side going South, on the west side of the highway, fronting the highway, and within the corporate limits of the City of San Saba, occupied by Mrs. David Combs and her family as their home."

The affidavit was signed by Will H. Doran, who was the Sheriff of San Saba County, and by Huts Owen, a deputy sheriff. Upon the trial, the Sheriff testified as follows: "My name appears signed to the Affidavit, together with Mr. Owen's, to search the private residence of Mrs. David Combs, and in said affidavit for said search warrant, before the Honorable H. Clyde Smith, I joined with Mr. Owen and stated, under my oath, among other things that the residence of the defendant, Mrs. David Combs, is located in San Saba County, Texas; that she lived in a tent walled up with plank about 3 feet high, with a wooden door and glass panel front. I now state that that description was not true. I was describing a certain tent upon the exact location previously occupied by David Combs, the...

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4 cases
  • Jones v. State
    • United States
    • Texas Court of Criminal Appeals
    • March 14, 1973
    ...a typographical error. In support of his contention, appellant cites Balch v. State, 134 Tex.Cr.R. 327, 115 S.W.2d 676; Combs v. State, 141 Tex.Cr.R. 476, 149 S.W.2d 971 and Childress v. State, 163 Tex.Cr.R. 467, 294 S.W.2d 110. In Balch v. State, supra, this Court held that an affidavit an......
  • State v. Blackburn
    • United States
    • Oregon Court of Appeals
    • August 10, 1972
    ...treated as surplusage or as not invalidating the warrant.' 79 C.J.S. Searches and Seizures § 81, p. 890. See also, Combs v. State, 141 Tex.Cr.R. 476, 149 S.W.2d 971 (1941) (warrant held invalid when police admitted the description of the place to be searched was It is conceded in this case ......
  • Olivas v. State, 08-81-00035-CR
    • United States
    • Texas Court of Appeals
    • March 17, 1982
    ...the warrant address and the search site led to reversal in four other cases out of the eighteen mentioned above. In Combs v. State, 141 Tex.Cr.R. 476, 149 S.W.2d 971 (1941), the search warrant provided only a physical description of one semi-permanent tent dwelling, in an area containing nu......
  • Malone v. State
    • United States
    • Texas Court of Criminal Appeals
    • June 21, 1944
    ...that no warrant to search any place or to seize anything shall issue without describing them as near as may be.' "Also see Combs v. State , 149 S.W.2d 971; Miller v. State , 114 S.W.2d 244; Article 666-20, Vernon's Annotated Penal Code, and authorities cited under Notes 3, 7 and The foregoi......

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