Satery v. State, No. 42521

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Writing for the CourtBELCHER
Citation90 S.Ct. 2258,455 S.W.2d 294
PartiesLarry Wayne SATERY, Appellant, v. The STATE of Texas, Appellee.
Decision Date21 January 1970
Docket NumberNo. 42521

Page 294

455 S.W.2d 294
Larry Wayne SATERY, Appellant,
v.
The STATE of Texas, Appellee.
No. 42521.
Court of Criminal Appeals of Texas.
Jan. 21, 1970.
Rehearing Denied March 18, 1970.
Certiorari Denied June 29, 1970. See 90 S.Ct. 2258.

Charles W. Tessmer, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Camille Elliott, James P. Finstrom and J.

Page 295

R. Ormesher, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
OPINION

BELCHER, Judge.

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:

'I have been informed of the foregoing set-out facts by a person, who I know to be reliable, credible and trustworthy, who states the following facts: The affiant has received information from a confidential source that Larry Wayne Satery has a large quantity of marihuana and approximately two-thousand tablets of Lysergic Acid Diethylamide in his possession at his residence located at 8930 Diceman Drive. That the informant has been to the location within the past twenty-four hours and has observed Larry Wayne Satery smoke a marihuana cigarette. The informant stated that Larry Wayne Satery had a large bowl full of marihuana on the coffee table in the living room and that there were several pipes on the coffee table near the bowl of marihuana. The informant further stated...

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21 practice notes
  • Fierro v. State, No. 68383
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • January 8, 1986
    ...that a certain green leafy plant substance is marihuana. Miller v. State, 168 Tex.Cr.R. 570, 330 S.W.2d 466 (1959); Satery v. State, 455 S.W.2d 294 (Tex.Cr.App.1970); Jordan v. State, 486 S.W.2d 784 (Tex.Cr.App.1972); Boothe v. State, 474 S.W.2d 219 (Tex.Cr.App.1971); Houlihan v. State, 551......
  • Haynes v. State, No. 44217
    • United States
    • Texas Court of Criminal Appeals
    • December 14, 1971
    ...Supreme Court in Warden, Maryland Penitentiary v. Hayden, supra, e.g., Brown v. State, 475 S.W.2d 938; Satery v. State, TexCr.App., 455 S.W.2d 294; Slaton v. State, Tex.Cr.App., 418 S.W.2d Appellant's contentions that the parol recitation by the arresting officer concerning his finding the ......
  • Kendysh v. Holy Spirit BAOC, Civ. A. No. 83-1906.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • June 18, 1987
    ...Supreme Court cited John Chrysostom Greek Catholic Church of Pittsburgh v. Elko, 436 Pa. 243, 259 A.2d 419, cert. denied, 399 U.S. 920, 90 S.Ct. 2258, 26 L.Ed.2d 786 (1969), wherein the Pennsylvania Supreme Court relied upon the "continuous and active participation of the local church in th......
  • $7058.84 in U.S. Currency v. State, No. 06-99-00067-CV
    • United States
    • Court of Appeals of Texas
    • October 4, 2000
    ...219, 221 (Tex. Crim. App. 1971), overruled on other grounds, Leday v. State, 983 S.W.2d 713, 721 (Tex. Crim. App. 1998); Satery v. State, 455 S.W.2d 294, 296 (Tex. Crim. App. 1970); Miller v. State, 168 Tex. Crim. 570, 330 S.W.2d 466, 468 (1959); Hernandez v. State, 137 Tex. Crim. 343, 129 ......
  • Request a trial to view additional results
21 cases
  • Fierro v. State, No. 68383
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • January 8, 1986
    ...that a certain green leafy plant substance is marihuana. Miller v. State, 168 Tex.Cr.R. 570, 330 S.W.2d 466 (1959); Satery v. State, 455 S.W.2d 294 (Tex.Cr.App.1970); Jordan v. State, 486 S.W.2d 784 (Tex.Cr.App.1972); Boothe v. State, 474 S.W.2d 219 (Tex.Cr.App.1971); Houlihan v. State, 551......
  • Haynes v. State, No. 44217
    • United States
    • Texas Court of Criminal Appeals
    • December 14, 1971
    ...Supreme Court in Warden, Maryland Penitentiary v. Hayden, supra, e.g., Brown v. State, 475 S.W.2d 938; Satery v. State, TexCr.App., 455 S.W.2d 294; Slaton v. State, Tex.Cr.App., 418 S.W.2d Appellant's contentions that the parol recitation by the arresting officer concerning his finding the ......
  • Kendysh v. Holy Spirit BAOC, Civ. A. No. 83-1906.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • June 18, 1987
    ...Supreme Court cited John Chrysostom Greek Catholic Church of Pittsburgh v. Elko, 436 Pa. 243, 259 A.2d 419, cert. denied, 399 U.S. 920, 90 S.Ct. 2258, 26 L.Ed.2d 786 (1969), wherein the Pennsylvania Supreme Court relied upon the "continuous and active participation of the local church in th......
  • $7058.84 in U.S. Currency v. State, No. 06-99-00067-CV
    • United States
    • Court of Appeals of Texas
    • October 4, 2000
    ...219, 221 (Tex. Crim. App. 1971), overruled on other grounds, Leday v. State, 983 S.W.2d 713, 721 (Tex. Crim. App. 1998); Satery v. State, 455 S.W.2d 294, 296 (Tex. Crim. App. 1970); Miller v. State, 168 Tex. Crim. 570, 330 S.W.2d 466, 468 (1959); Hernandez v. State, 137 Tex. Crim. 343, 129 ......
  • Request a trial to view additional results

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