Legal Opinion · Dissent

Mattei v. State

Court of Criminal Appeals of Texas

Decided May 6, 1970No. 42468Published

1DissentOnion, Judge

I agree with the majority’s disposition of ground of error # 1 but I cannot agree with the remainder of the opinion.

In his second ground of error the appellant complains that there was no affidavit or complaint filed for the issuance of the search warrant on December 8, 1968, which was utilized for the search on December 10, 1968.

The majority summarily disposes of such alleged error by partially quoting from the search warrant dated December 8 and introduced before the court by the appellant1 *767and ignores the rest of the record, particularly the testimony of Officer Cordus Jackson, Jr.

The…

2Cases cited30 opinions

  1. Ex Parte YoungCourt of Criminal Appeals of Texas · 1967
  2. Aguilar v. TexasSupreme Court of the United States · 1964
  3. Spinelli v. United StatesSupreme Court of the United States · 1969
  4. Jones v. United StatesSupreme Court of the United States · 1960
  5. Henry v. MississippiSupreme Court of the United States · 1965

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