Legal Opinion

Dillon v. State

Court of Criminal Appeals of Texas

Decided January 25, 1928No. 11316PublishedCited by 14 opinions

The opinion states the case.

1Opinion of the Court

CHRISTIAN, Judge.

The offense is possession of intoxicating liquor for the purpose of sale, the punishment confinement in the penitentiary for two years.

Over the objection of appellant, the affidavit and search warrant based thereon were introduced in evidence. It is appellant’s contention that the statements in said instruments to the effect that he had been instrumental in selling intoxicating liquor were hearsay. There seems to have been no issue upon which the contents of the affidavit and search warrant were relevant. The statements were hearsay and, therefore, inadmissible. The question…

2Cases cited2 opinions

  1. Gaunce v. StateCourt of Criminal Appeals of Texas · 1924
  2. Bryant v. StateCourt of Criminal Appeals of Texas · 1923

3Cited by14 opinions

  1. Uptmore v. StateCourt of Criminal Appeals of Texas · 1930
  2. Baxter v. State, Texas Court of Appeals, 3rd District (Austin)2001
  3. Kitchens v. StateCourt of Criminal Appeals of Texas · 1928
  4. Sheffield v. StateCourt of Criminal Appeals of Texas · 1931
  5. Seay v. StateCourt of Criminal Appeals of Texas · 1938

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