Lively v. State

John A. Fogleman, Justice.

Appellant contends that the evidence was insufficient to sustain his conviction of keeping a gambling house. He also asserts that evidence obtained by search of premises known as “Hav-a-Stein” should have been suppressed and the warrant quashed. We will consider these contentions in reverse of the order in which they are stated.

Appellant argues that the only evidence before the magistrate issuing the warrant is the facts stated in the affidavit, and that these facts do not state probable cause for the issuance of the search warrant for betting slips, race forms,…