Magee v. State

ON MOTION FOR REHEARING.

Graves, Judge.

Heretofore, on January 19, 1938, this cause was reversed and remanded on account of the matters presented in a bill of exceptions which complained of the inadequacy of the search warrant authorizing the search of appellant’s private residence, because the affidavit failed to state the facts and circumstances upon which the affiants base their information and belief.

We fear we were in error in holding the affidavit, upon which the search warrant was based, to be insufficient. We here set out the affidavit in its entirety:

“The State of Texas, County of San…