# Perez v. State

> Court of Criminal Appeals of Texas · June 16, 1965 · 394 S.W.2d 797

URL: https://www.frixlaw.com/law-library/cases/9766036

## Case

- **Full name:** Ambrosio R. PEREZ, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 16, 1965
- **Citations:** 394 S.W.2d 797; 1965 Tex. Crim. App. LEXIS 1099
- **Precedential status:** Published
- **Opinion:** On rehearing by Woodley
- **Judges:** Belcher, Woodley
- **Cited by:** 5 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/9766036

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9766036. Public record. Not legal advice.