Satery v. State, 42521
Decision Date | 21 January 1970 |
Docket Number | No. 42521,42521 |
Parties | Larry Wayne SATERY, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Charles W. Tessmer, Dallas, for appellant.
Henry Wade, Dist. Atty., John B. Tolle, Camille Elliott, James P. Finstrom and J R. Ormesher, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
The offense is unlawful possession of marihuana; the punishment, two years.
Upon the waiver in writing of a jury, this cause was tried on a plea of not guilty before the court.
In his first ground of error, the appellant contends that the trial court erred in not excluding the evidence seized at the appellant's residence because the search warrant authorizing the search was invalid in that the affidavit did not state probable cause and that the reliability of the informant was not shown by sufficient fact as to when, where and what cases said informant had shown his reliability.
The pertinent portions of the affidavit for the search warrant read:
'* * * one Larry Wayne Satery and persons unknown did then and there unlawfully possess and does at this time unlawfully possess a narcotic drug and a dangerous drug, to-wit: Marihuana and Lysergic Acid Diethylamide in a residence being described as single story, white, frame, dwelling located at 8930 Diceman Drive in the City of Dallas, Dallas County, Texas, which said residence is possessed, occupied, under the control and charge of Larry Wayne Satery and persons unknown.
'My belief of the aforesaid statement is based on the following facts:
It is concluded that the affidavit sets forth a sufficient factual basis to satisfy the magistrate that grounds existed and authorized his finding that probable cause was shown for the issuance of the warrant....
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