Torres v. State

LATTIMORE, Judge.

Conviction; for possessing intoxicating liquor for purposes of sale; punishment, one year in the penitentiary.

This is a peculiar case. An affidavit for search warrant to search a private residence, to be sufficient, must show that such residence is a place where intoxicating liquor is “sold or manufactured” in violation of the statute. No such statement is found in the affidavit in the instant case. Such affidavit is bad. Green v. State, 12 S. W. (2d) 790. See also Art. 691, C. C. P. It was merely set up in the affidavit that in said house was located certain unknown property…