Smith v. Stat

MORRISON, Presiding Judge.

*439The offense is the possession of barbiturates; the punishment, a fine of $200.00.

The sole question presented for review is the authority of the judge of county court at law No. 2 of Bexar County to issue a search warrant. Appellant contends that since Art. 33, V.A.C.C.P., which defines who are magistrates, names the county judge but does not name judges of the county courts at law, the warrant in the instant case is void.

Recently in Ex Parte Melton, 161 Texas Crim. Rep. 563, 279 S.W. 2d 362, we had a kindred question and there analyzed the act which created the…