Rozner v. State
| Decision Date | 01 February 1928 |
| Docket Number | (No. 11261.) |
| Citation | 3 S.W.2d 441 |
| Parties | ROZNER v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Milam County; John Watson, Judge.
Anton Rozner was convicted of manufacturing intoxicating liquor, and he appeals. Affirmed.
E. A. Wallace, of Cameron, for appellant.
A. A. Dawson, State's Atty., of Austin, for the State.
Conviction for manufacturing intoxicating liquor; punishment, three years in the penitentiary.
The facts need not be set out further than to say that same amply show appellant to be guilty.
There are two bills of exception, each presenting substantially the same objection made to the testimony of two witnesses. The testimony of said witnesses present in detail the results of a search made by them of appellant's house, outhouses, etc. When each witness took the stand appellant asked to examine him upon his voir dire, and after such examination, and based on the testimony of the witness, objection was made to the testimony because of the fact that the affidavit for search warrant was insufficient, and, therefore, under the holding of this court, the warrant itself was illegal and the evidence discovered by means thereof should be rejected. The affidavit in question, after stating that same was made on information and belief of the two affiants, proceeds as follows:
We are of opinion that neither bill shows error. Said affidavit contains a statement of facts which was for the determination of the magistrate to whom the affidavit was presented and before whom it was made. Said magistrate having judicially determined that the facts stated in the affidavit were sufficient, and it appearing to this court from an examination of same that the affidavit was not entirely devoid of facts, it is our opinion that the discretion confided in the magistrate in such cases was not exceeded, and that the trial court properly declined to reject the testimony found under the warrant issued upon such affidavit. In other words, this court is of the opinion that when an affidavit presented to a magistrate upon which he is asked to issue a search warrant contains a statement of the facts to which the affiants make oath, that the sufficiency of the facts thus stated is primarily for the magistrate, and that he has a discretion in the premises, and that his action in determining such facts sufficient to form the basis for the issuance of the warrant will not be reviewed by this court unless it appears to us that there has been an abuse of the discretion thus confided to the magistrate, and that no facts appear in such affidavit. Each affidavit in the bills of exception under discussion contains...
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Frazier v. State
...e.g., Gaston v. State, Tex.Cr.App., 440 S.W.2d 297, cert. denied, 396 U.S. 969, 90 S.Ct. 452, 24 L.Ed.2d 435; Rozner v. State, 109 Tex.Cr.R. 127, 3 S.W.2d 441.2 Whiteley v. Warden, Wyoming Penitentiary, 401 U.S. 560, 91 S.Ct. 1031, 28 L.Ed.2d 306 (1971).3 It should be noted that in his veri......
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Coleman County Country Club v. State, 2850
...warrant should be excluded although the magistrate acted properly in issuing the warrant upon a valid affidavit. In Rozner v. State ((109) Tex.Cr.App. (127)) 3 S.W.2d 441, will be found an announcement at variance with appellant's contention, but the question was not discussed at length. Fr......
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Johnson v. State
...facts to satisfy the magistrate that probable cause does in fact exist for its issuance." Further, as shown by Rozner v. State, 109 Tex.Cr.R. 127, 3 S.W.2d 441 (1928), it has long been the law in this State that a magistrate must decide whether the affidavit states facts sufficient to amoun......
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Aguillar v. State, 34681
...of the warrant. The affidavit and warrant being valid, no error is shown in the admission of the results of the search. Rozner v. State, 109 Tex.Cr.R. 127, 3 S.W.2d 441; Ruhmann v. State, 113 Tex.Cr.R. 527, 22 S.W.2d The evidence is sufficient to support the conviction, and no error appeari......