Sampson v. State

ON APPELLANT’S motion for rehearing

WOODLEY, Judge.

Appellant urges that we should apply the law as stated in Hernandez v. State, 137 Texas Cr. Rep. 343, 129 S.W. 2d 301, wherein this court said that if the officer is armed with a defective search warrant and the accused says “all right, go ahead” consent will not be inferred.

In our original opinion we expressed no conclusion as to the validity or invalidity of the search warrant.

It was sufficient in form, as was the affidavit upon which it was issued by the magistrate. It was attacked through the testimony of the affiant who denied that he had…