Dikes v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— The affidavit stated as facts things which if true furnished “probable cause” for the issuance of the search warrant. Appellant again urges in his motion for rehearing that the trial court erred in not permitting him to go behind the affidavit and show that, though positive in form, it was in fact made upon information and belief, and to show that the affiants had no personal knowledge at the time they made the affidavit that appellant was manufacturing or selling intoxicating liquor in his private residence or on his premises. These questions were…