Legal Opinion

Albitez v. State

Court of Criminal Appeals of Texas

Decided December 9, 1970No. 43307PublishedCited by 11 opinions

1Opinion of the Court

OPINION

MORRISON, Judge.

The offense is possession of dihydro-codeinone, a narcotic; the punishment, five (5) years.

Appellant’s first ground of error attacks the sufficiency of the affidavit for the search warrant. We set forth the affidavit omitting the formal parts.

“I, Detective Roy Zepeda of the Brownsville Police Department, recently received information leading to the arrest of a subject and the subsequent seizure of a small amount of heroin. Prosecution in this case is still pending.
“This reliable and credible informant has given me further information that within the past two weeks, she…

2Cases cited5 opinions

  1. Roviaro v. United StatesSupreme Court of the United States · 1957
  2. Bosley v. StateCourt of Criminal Appeals of Texas · 1967
  3. Zorn v. StateCourt of Criminal Appeals of Texas · 1959
  4. Hicks v. StateCourt of Criminal Appeals of Texas · 1958
  5. Fyke v. StateCourt of Criminal Appeals of Texas · 1916

3Cited by11 opinions

  1. Brewer v. StateCourt of Criminal Appeals of Texas · 1978
  2. James v. StateCourt of Criminal Appeals of Texas · 1973
  3. Yantis v. StateCourt of Criminal Appeals of Texas · 1972
  4. Pratt v. State, Texas Court of Appeals, 1st District (Houston)1988
  5. Sessions v. StateCourt of Criminal Appeals of Texas · 1973

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