Ware v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant’s motion for rehearing proceeds on the theory that our former opinion in effect held that the search warrant under which the officers acted was predicated on an insufficient affidavit; that if the evidence of the officers be discarded the testimony given by appellant was not sufficient to make out a case against him, and that the principle announced in the recent cases of Kelsey v. State, (No. 11188, date of opinion March 21, 1928) and King v. State, (No. 11193, date of opinion March 28, 1928) should be controlling here. In our original opinion…