Schenk v. State

HAWKINS, Judge.

Conviction is for possessing intoxicating liquor for the purpose of sale, punishment being assessed at one year in the penitentiary.

This is the second appeal. The former opinion will be found in 106 Tex. Crim. Rep. 564, 293 S. W. 1101.

The only testimony came from an officer who made the search of appellant’s premises by virtue of a search warrant and found in a hen-house near appellant’s residence a quantity of whiskey in half-gallon fruit jars. The evidence of this witness was objected to because the search warrant was based upon an affidavit which upon its face shows to have…