Banks v. State
Court of Criminal Appeals of Texas
The opinion states the case.
1Opinion of the Court
LATTIMORE, Judge.
— Conviction for manufacturing intoxicating liquor; punishment, two years in the penitentiary.
A search of appellant’s dwelling house resulted in the finding of a still in operation, and a quantity of whisky in bottles and other containers. The affidavit for search warrant to search said private residence was fatally defective, in that same nowhere stated in words or substance that such residence was a place where intoxicating liquor was being sold or manufactured. This is necessary under the plain language of Art. 691 P. C, which states that “No warrant shall be issued to…
2Cases cited6 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- Agnello v. United StatesSupreme Court of the United States · 1925
- Marron v. United StatesSupreme Court of the United States · 1927
- Moore v. StateCourt of Criminal Appeals of Texas · 1927
- Hodge v. StateCourt of Criminal Appeals of Texas · 1927
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ruhmann v. StateCourt of Criminal Appeals of Texas · 1929
- Taylor v. StateCourt of Criminal Appeals of Texas · 1930
- January v. StateCourt of Criminal Appeals of Texas · 1930
- Moore v. AdamsCourt of Appeals of Texas · 1935
- Hufstetler v. StateCourt of Criminal Appeals of Texas · 1930
4 more not listed; retrieve them via the Exa API.