Bailey v. State

DAVIDSON, Judge.

The unlawful possession of whisky for the purpose of sale is the offense; the punishment, a fine of $1,000.

Agents of the Texas Liquor Control Board, by authority of a search warrant, searched the private residence of appellant and found therein a large quantity of whisky, beer, and other intoxicating liquors.

The sole question presented relates to the sufficiency of the search warrant and the affidavit in support thereof.

*316It becomes of first importance to determine whether the question is before us.

Appellant filed a motion to suppress the evidence obtained as a result of the…