Opinion

Perez v. State

  • 394 S.W.2d 797
  • 1965 Tex. Crim. App. LEXIS 1099
Court
Court of Criminal Appeals of Texas
Filed
Jun 16, 1965
Status
Published
Author
Woodley
On the bench
Belcher, Woodley
Cited by
5 cases
Authority
More cited than 10.6%

The opinion

ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Judge.

Appellant directs attention to his motion to quash the search warrant made before trial and re-urged during the exami *800 nation of the witness Manuel Ortiz upon whose affidavit it was issued. He urges that we were in error in holding that he waived his right to complain of the search by his failure to object to the testimony of Officer Scholl.

The basis of appellant’s attack upon the search warrant is the contention that the affidavit upon which it issued is insufficient to support a finding of probable cause under the Supreme Court’s holding in Aguilar v. State of Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 .

A similar contention was overruled in Ex Parte Gomez, Tex.Cr.App., 389 S.W.2d 308 . Here, as there, the affidavit states that a credible and reliable person informed the affiant that he saw narcotic drugs on the premises. In the affidavit before us, the informant fixed the time he saw the narcotics as the same day the affidavit was made.

If before us, the contention that the affidavit for issuance of the search warrant is insufficient under Aguilar v. Texas, supra, is overruled.

Appellant’s motion for rehearing is 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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