Pate v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant says in his motion for rehearing that he has no fault to find with the holding in Ware v. State, 110 Texas Crim. Rep., 90, 7 S. W. (2d) 551; Bird v. State, 110 Texas Crim. Rep., 99, 7 S. W. (2d) 953; Dikes v State, 120 Texas Crim. Rep., 127, 48 S. W. (2d) 259, cited in our original opinion. Said cases announce that an accused could not go behind an affidavit for search warrant which affi davit was positive in form and which exhibited probable cause, and attempt to show that the affiants were acting on information and belief. Appellant insists…