McCormick v. State, No. 31143
| Court | Texas Court of Criminal Appeals |
| Writing for the Court | William J. Gillespie, County Atty.; WOODLEY; DAVIDSON |
| Citation | 331 S.W.2d 307,169 Tex.Crim. 53 |
| Decision Date | 06 January 1960 |
| Docket Number | No. 31143 |
| Parties | Gaynelle McCORMICK, Appellant, v. STATE of Texas, Appellee. |
Page 307
v.
STATE of Texas, Appellee.
[169 TEXCRIM 53]
Page 308
Brown & Shuman, Lubbock, for appellant.William J. Gillespie, County Atty., J. Q. Warnick, Jr., Asst. County Atty., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.
WOODLEY, Judge.
The offense is possession of whisky and vodka in a dry area for the purpose of sale; the punishment, a fine of $500.
A search of a night club, known as the Cotton Club, resulted in the finding of seven four-fifth bottles of whisky and vodka behind the concession stand. Three bottles were sitting under the counter close to the cash register and three were under a table against the counter. A partially filled fifth was found in the store room. All of the bottles had been opened.
Appellant, upon whom the search warrant was served, was pointed out by the ticket taker as the person in charge of the club. She was asked if she was the manager of the place, and she said she had it leased.
[169 TEXCRIM 54] It was stipulated that Lubbock County was a dry area.
It is contended that the search under the warrant was unlawful because there was an insufficient description of the premises to be searched.
The search warrant authorized the search of the 'Cotton Club'; and described it as being in Lubbock County, and stated that it was located on the Slaton Highway No. 84 in the City of Lubbock, 'and to include all automobiles, outbuildings and appurtenances thereto.'
The place searched was the 'Cotton Club' which, according to a map of the City of Lubbock, was located upon 'Southeast Drive' which was also indicated upon the map as 'Alt 84.'
The evidence heard by the court in the jury's absence showed that this branch of U. S. Highway 84 goes from 34th Street toward Slaton, and another branch of said highway goes from the traffic circle and cuts across toward Slaton, but there was no such highway in Lubbock County as 'Slaton Highway No. 84.'
Other evidence before the court was that the Cotton Club was located on the old highway 84 which leads to Slaton and not on designated U. S. Highway 84, and that there was no other 'Cotton Club' in Lubbock County. There was also testimony that 'Alt 84' meant alternate Highway 84.
That the premises searched and the place described in the warrant are the same is apparent. There was but one 'Cotton Club' in Lubbock County. It was located on a highway leading to Slaton which was an alternate, but not the presently designated U. S. Highway 84.
The description as to location of the Cotton Club being on 'Slaton Highway #84' was not precisely or technically accurate. It need not be. All that is required is that there be sufficient definiteness to enable the officer to locate the property and distinguish it from other places in the community. Rhodes v. State, 134 Tex.Cr.R. 553, 116 S.W.2d 395.
The trial judge did not err in...
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Wilson v. Com., No. 0191-91-2
...v. DePugh, 452 F.2d 915, 920 (10th Cir.1971), cert. denied, 407 U.S. 920, 92 S.Ct. 2452, 32 L.Ed.2d 805 (1972); McCormick v. State, 169 Tex.Crim. 53, 54, 331 S.W.2d 307, 308 (1960); United States v. Goodman, 312 F.Supp. 556, 558 (N.D.Ind.1970); People v. Watson, 26 Ill.2d 203, 205-06, 186 N......
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Haynes v. State, No. 44217
...that description is sufficient to apprise the police of where they are to conduct the search. McCormick v. State, 169 Tex.Cr.R. 53, 331 S.W.2d 307; Martinez v. State, 162 Tex.Cr.R. 356, 285 S.W.2d 221; Rhodes v. State, 134 Tex.Cr.R. 553, 116 S.W.2d 395. Where the warrant describes a multi P......
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Thomas v. Williams, CIVIL ACTION NO. 4:14-CV-2711
...premises searched must correspond with those described in the search warrant. Such, however, is no longer true." McCormick v. State, 169 Tex. Crim. 53, 56, 331 S.W.2d 307, 309 (1960) (Davidson, J., dissenting). 6. The Fifth Circuit has held that "[t]he principles of Franks have never been a......
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Olivas v. State, No. 08-81-00035-CR
...574 S.W.2d 560, 562 (Tex.Cr.App.1978); Smith v. State, 478 S.W.2d 518, 521 (Tex.Cr.App.1972); McCormick v. State, 169 Tex.Cr.R. 53, 331 S.W.2d 307, 308 For many years, the Texas test for the sufficiency of the description was whether the officer executing the warrant could, with reasonable ......
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Wilson v. Com., No. 0191-91-2
...v. DePugh, 452 F.2d 915, 920 (10th Cir.1971), cert. denied, 407 U.S. 920, 92 S.Ct. 2452, 32 L.Ed.2d 805 (1972); McCormick v. State, 169 Tex.Crim. 53, 54, 331 S.W.2d 307, 308 (1960); United States v. Goodman, 312 F.Supp. 556, 558 (N.D.Ind.1970); People v. Watson, 26 Ill.2d 203, 205-06, 186 N......
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Haynes v. State, No. 44217
...that description is sufficient to apprise the police of where they are to conduct the search. McCormick v. State, 169 Tex.Cr.R. 53, 331 S.W.2d 307; Martinez v. State, 162 Tex.Cr.R. 356, 285 S.W.2d 221; Rhodes v. State, 134 Tex.Cr.R. 553, 116 S.W.2d 395. Where the warrant describes a multi P......
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Thomas v. Williams, CIVIL ACTION NO. 4:14-CV-2711
...premises searched must correspond with those described in the search warrant. Such, however, is no longer true." McCormick v. State, 169 Tex. Crim. 53, 56, 331 S.W.2d 307, 309 (1960) (Davidson, J., dissenting). 6. The Fifth Circuit has held that "[t]he principles of Franks have never been a......
-
Olivas v. State, No. 08-81-00035-CR
...574 S.W.2d 560, 562 (Tex.Cr.App.1978); Smith v. State, 478 S.W.2d 518, 521 (Tex.Cr.App.1972); McCormick v. State, 169 Tex.Cr.R. 53, 331 S.W.2d 307, 308 For many years, the Texas test for the sufficiency of the description was whether the officer executing the warrant could, with reasonable ......