Opinion

Hinkley v. State

  • 119 Tex. Crim. 254
  • 45 S.W.2d 581
  • 1931 Tex. Crim. App. LEXIS 102
Court
Court of Criminal Appeals of Texas
Filed
Nov 25, 1931
Status
Published
Author
Hawkins
On the bench
Hawkins, Lattimore
Cited by
8 cases
Authority
More cited than 18.5%

justice acting as magistrate issuing a search warrant

How later courts described this case

  • justice acting as magistrate issuing a search warrant

Written by the judges who cited it.

The opinion

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In his motion for rehearing appellant urges that the authorities cited in the original opinion sustaining the action of the trial court in declining to hear testimony as to the credibility of one of the affants to the affidavit upon which the search warrant was based, is not upon the exact question presented. This may be true but the *257 reasoning in those cases and the authorities cited in support of them does, we think, involve the exact principle.

We refer to the case of Head v. Commonwealth, 199 Ky., 222 , 250 S. W., 848 , for a statement from the court of that state upon the exact question here presented. We quote from the opinion as follows: “In

the absence of knowledge on the part of the judicial officer of the reputation of the affiant, the presumption is that the affiant is a reputable citizen. Where the affiant conforms to the requirements and produces in the mind of the judicial officer probable cause to believe that the offense is being committed by the accused, the court will not permit the accused to question the sufficiency of the affidavit and inquire into the truth thereof or into the reputation and standing of the affiant.”

The exact question was again presented to the Kentncky court in Alvey v. Commonwealth, 199 Ky., 655 , 251 S. W., 856 , and what they said in Head’s case was reaffirmed in practically the same language used in the opinion in the Head case.

The motion for rehearing is overruled.

Overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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