# Phariss v. State

> Court of Criminal Appeals of Texas · June 14, 1939 · 137 Tex. Crim. 469

URL: https://www.frixlaw.com/law-library/cases/3963391

## Case

- **Full name:** Johnnie Phariss v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 14, 1939
- **Citations:** 137 Tex. Crim. 469; 131 S.W.2d 965; 1939 Tex. Crim. App. LEXIS 476
- **Precedential status:** Published
- **Opinion:** Addendum by Hawkins
- **Judges:** Graves, Hawkins
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3963391

## Opinion text

ON MOTION FOR REHEARING.
HAWKINS, Presiding Judge.
Appellant predicates his motion for rehearing upon an objection to the evidence of witnesses as to finding whisky and gin not far from appellant’s place of business, and also to the introduction in evidence of said articles, the objection being that the officers had no search warrant.
The statement of facts reveals that the whisky and gin were not found on appellant’s premises.
Objection to search without warrant of premises not belonging to accused cannot be successfully urged against receipt of the evidence so obtained, as search of another’s premises is no invasion of the rights of accused. Craft v. State, 107 Tex. Cr. R. 130 , 295 S. W. 617 ; Haynes v. State, 110 Tex. Cr. R. 553 , 9 S. W. (2d) 1043 ; Duncan v. State, 111 Tex. Cr. R. 633 ; 13 S. W. (2d) 703 ; Salinas v. State, 113 Tex. Cr. R. 142 , 18 S. W. (2d) 663 ; Moss v. State, 135 Tex. Cr. R. 181 , 117 S. W. (2d) 428 .
The motion for rehearing is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3963391. Public record. Not legal advice.