Smith, Freddie James

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1814-05

FREDDIE JAMES SMITH, Appellant

v.

STATE OF TEXAS

ON APPELLANT=S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTEENTH COURT OF APPEALS

HARRIS COUNTY

Cochran, J., delivered the opinion of the Court, in which Meyers, Price, Womack, Johnson, Keasler, Hervey and Holcomb, JJ., joined. Keller, P.J., dissented.

O P I N I O N

In this case of first impression, we address whether a search warrant is defective if the affiant swore before the magistrate that the facts within the affidavit were true, but he failed to sign the affidavit.[1]

Police officers…