Gaines v. State, 27493
| Decision Date | 23 March 1955 |
| Docket Number | No. 27493,27493 |
| Citation | 161 Tex.Crim. 589,279 S.W.2d 96,281 S.W.2d 94 |
| Parties | Aaron GAINES, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
J. W. Reid, Abilene, for appellant.
Firman H. Smith, County Attorney, Brownwood, Leon Douglas, State's Atty., Austin, for the State.
Upon a jury trial appellant was convicted for possession of beer in a dry area for the purpose of sale, and assessed a fine of $500 and one year in jail.
The sole question presented is the claimed error in the admission of the beer found in appellant's possession and the evidence relating thereto.
W. V. Ray, agent of the Texas Liquor Control Board, testified that he proceeded to a house on Bailey Street immediately across the street from appellant's home at 604 Bailey Street in Brownwood at about 4:30 P.M.; that he saw appellant get in his car and leave. Some hour later appellant returned, drove his car in his driveway and got out,
When appellant started out of the house he was handed a copy of the search warrant which the officers had and the house and premises were searched. Three quarts of beer were found in appellant's home, and nine quarts were found in a house on the premises which was owned by appellant but occupied by his brother. Eleven quarts of beer were taken from appellant's car.
The sole question raised by appellant's brief and argument relates to the sufficiency of the search warrant, because of this: the place to be searched was described in the search warrant as a residence located at 604 Bailey Street in Brownwood, occupied by appellant. The typewritten warrant and the copy served on appellant thus correctly described the premises searched. Appellant points out that the final letter 'y' in Bailey had the appearance of having been typewritten over the letter 's'.
In the affidavit upon which the warrant was issued, however, the name of the street was typewritten Bailes, the letter 'y' appearing to have been written with pencil over the final letter 's' in the original, but the copy delivered to appellant...
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Phenix v. State, 44847
...of the place to be searched a part of the warrant itself. Ex parte Flores, 452 S.W.2d 443 (Tex.Cr.App.1970); Gaines v. State, 161 Tex.Cr.R. 589, 279 S.W.2d 96 (1955). Further, appellant's argument that 'it is undisputed that prior to the hearing on the defendant's motion to suppress evidenc......
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Helton v. State
...vague and defective in describing the premises to be searched. We are aware of the rule of law recently expressed in Gaines v. State, 161 Tex.Cr.R. 589, 279 S.W.2d 96, 97, as follows: 'The occupancy and ownership of the premises as stated in the affidavit may be looked to in aid of the desc......
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Ex parte Flores
...affidavit for issuance of a search warrant may be looked to in aid of the description of the property to be searched. Gaines v. State, 161 Tex.Cr.R. 589, 279 S.W.2d 96, 281 S.W.2d 94; Crumpton v. State, 147 Tex.Cr.R. 54, 178 S.W.2d 273; Wood v. State, 156 Tex.Cr.R. 419, 243 S.W.2d 31; Jamis......
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Fuller v. State
...be no substantial defect in the allegation. We hold that the misspelling of the word are is not fatal to the validity of the affidavit. 279 S.W.2d 96; Weeaks v. State, Tex.Cr.App., 289 S.W.2d 758, and cases there Bills 3 and 5 complain of the evidence above referred to as to the 'concealed ......