Alexander v. State

on motion for rehearing.

MORROW, Presiding Judge.

One ground of objection to the introduction in evidence of the search warrant and affidavit therefor was that the same was hearsay. We overlooked this particular objection. They were hearsay and ought not to have gone before the jury. It was sufficient that they be exhibited to the court. It was his province to determine their validity. Broyles v. State, 110 Tex. Cr. R. 77, 7 S. W. (2d) 555; McFarland v. State, 110 Tex. Cr. R. 101, 7 S. W. (2d) 955. However, it has been held that where no exculpatory evidence is offered, and the lowest penalty…