Guthrie v. State

I respectfully dissent to this decision, notwithstanding the fact that the affidavit for search warrant and the search warrant are not contained in the original record.1 After having read the transcript of testimony, I would grant appellant a new trial.

I

It is clear that the search warrant was issued on the basis of two facts: The Highway Patrol aircraft pilot radioed that there *281was a field “similar” to the field on C.O. Guthrie’s land. C.O. Guthrie is the brother of appellant and marijuana stubble was found to exist on C.O.'s farm, and some marijuana was also apparently found. Secondly,…