French v. State

Before serving a search warrant appearing valid on its face, must a peace officer— who is duty bound to serve the warrant, Arts. 2.13 and 2.16, Y.A.C.C.P. — determine whether the magistrate issuing the warrant was appointed to his office under a valid law and determine also whether the magistrate took and filed a valid oath of office? Such requirements are unreasonable, and if prior decisions of this Court compel such a holding they should be promptly overruled.

Under the record before us Judge Har-grave was a de facto magistrate. See Ex parte Tracey, 93 S.W. 538 (Tex.Cr.App. 1905), where…