Sutton v. State

HAWKINS, Judge.

Conviction is for possessing intoxicating liquor for the purpose of sale, punishment being one year and six months in the penitentiary.

The home of appellant was searched by officers and a quantity of whiskey found. The validity of the search warrant was attacked by motion to quash the affidavit upon which the warrant was based, on the ground that the affidavit did not show “probable cause,” and the receipt of the evidence showing the result of the search was objected to for like reason. The affidavit was predicated upon “information and belief” only without stating any facts or…