Hodge v. State

CHRISTIAN, Judge. —

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

The record shows that a warrant for the search of appellant’s residence had been issued and placed in the hands of the deputy sheriff. The affidavit upon which the search warrant was issued was made upon information and belief, and no grounds showing probable cause were exhibited therein. Under the holding of this court in the case of Chapin v. State, No. 10670, delivered on June 22, 1927, and not yet reported, the search warrant was invalid. The…