Gaston v. State

I find myself unable to agree fully with the majority, though I am in the unenviable position of having been the trial judge in Perez v. State, Tex.Cr.App., 394 S.W.2d 797 and in Ex parte Gomez, Tex.Cr.App., 389 S.W.2d 380, cert. denied, 1967, 386 U. S. 937, 87 S.Ct. 958, 17 L.Ed.2d 810, upon which the majority relies so strongly. See now Gomez v. Beto (5th Cir.), 402 F.2d 766.

Nevertheless, I am fearful that the majority has disposed of the question without clearly delineating just how the affidavit here involved meets both ends of the Aguilar test (Aguilar v. Texas, 378 U.S. 108, 12 L.Ed.2d…