Nus v. State, 41748
| Decision Date | 12 March 1969 |
| Docket Number | No. 41748,41748 |
| Citation | 440 S.W.2d 310 |
| Parties | Michael NUS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Jones, Blakeslee, Minton, Burton & Fitzgerald, by Roy Minton, Austin, for appellant.
Tom Blackwell, Dist. Atty., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.
The offense is the unlawful possession of marihuana; the punishment, 4 years, probated.
Trial was before the court on a plea of not guilty.
The evidence reflects that nine containers in which there was refined marihuana, marihuana seed or mixtures of marihuana, marihuana stems and unrefined marihuana, were found in a search of the apartment occupied by appellant and his co-defendant Walter Bivins, Jr.
The sole ground of error set forth in appellant's brief is identical with the ground of error which we overruled in Gaston v. State, Tex.Cr.App., 440 S.W.2d 297, this day decided.
The affidavit upon which the search warrant here attacked was made on December 7, 1967. The affiants are not the same as the affiants in Gaston v. State, supra, 1 and a different magistrate was satisfied that the grounds existed and that probable cause was shown. Finding and believing in its existence he issued the warrant upon the affidavit which reads:
'Before me, the undersigned authority, on this day personally appeared the undersigned affiants, who being by me severally sworn, upon their oaths state, that: A certain building, house and place, occupied and used as a private residence, located in Austin, Travis County, Texas, described as Apartment #5 located at 304 East 33rd Street, Austin, Travis County, Texas, known as the DORIS APARTMENTS, which is a multicolored, red brick, two story complex. Apartment #5 is located on the ground floor and has a blue door facing East, and being the building, house or place of MICHAEL B. NUS, W--M--22, 5 9 , approximately 155 pounds, brown hair and eyes and other person or persons unknown to the affiants by name, identity or description, is a place where we each have reason to believe and do believe that said party so occupying and using, as a private residence, the said building, house and place has in his possession therein narcotic drugs, as that term is defined by law, and contrary to the provisions of law, and for the purpose of the unlawful sale thereof, and where such narcotic drugs are unlawfully sold; that on or about the 7th day of December, A.D., 1967, The affiants have received information from a credible and reliable informant that the above named subject, Michael B. Nus, was keeping and...
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Kemp v. State
...that came from observation of the informant. Gaston v. State, supra; Johnson v. State, Tex.Cr.App., 440 S.W.2d 308; Nus v. State, Tex.Cr.App., 440 S.W.2d 310; Bivins v. State, Tex.Cr.App., 440 S.W.2d Testimony of Police Officer Bynum, one of the affiants, heard by the trial court in the jur......
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Green v. State, 42642
...him to find that probable cause was shown for the issuance of the warrant. Gaston v. State, Tex.Cr.App., 440 S.W.2d 297; Nus v. State, Tex.Cr.App., 440 S.W.2d 310; Aguilar v. State, Tex.Cr.App., 444 S.W.2d The description of the premises was sufficiently definite to enable the officers to l......
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Satery v. State, 42521
...his finding that probable cause was shown for the issuance of the warrant. Gaston v. State, Tex.Cr.App., 440 S.W.2d 297; Nus v. State, Tex.Cr.App., 440 S.W.2d 310; Aguilar v. State, Tex.Cr.App., 444 S.W.2d Appellant in his second ground of error contends that, 'It was error for the trial co......
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Johnson v. State
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