Standard v. State

CHRISTIAN, Judge.

The offense is burglary; the punishment confinement in the penitentiary for two years.

An accomplice testified that he and appellant burglarized the store of W. H. Stamps. Acting under a purported search warrant, officers searched appellant’s private dwelling and found therein a quantity of groceries, which the injured party identified as having come from his burglarized store. Appellant did not testify. The testimony of his wife in his behalf raised the issue of alibi.

The affidavit for the search warrant was based upon information and belief. The facts and circumstances upon…