Legal Opinion · Dissent

Ortega v. State

Court of Criminal Appeals of Texas

Decided February 24, 1971No. 43317Published

1DissentOnion, Presiding Judge

The sole question presented concerns the failure of the State, upon timely objection, to produce and exhibit to the trial judge *879for his inspection the search warrant by which authority the officers testified they searched appellant’s home.

At the trial on the merits Detective Herbert Hill of the Killeen Police Department testified that on May 22, 1969, after an earlier surveillance of the building in question, he returned the same evening about 10:30 p. m. “with a warrant to search the residence of Mr. Ortega,” and forcibly entered when he discovered no one was there. No reference was made as…

2Cases cited13 opinions

  1. United States v. John ThompsonCourt of Appeals for the Fifth Circuit · 1970
  2. Lee v. StateCourt of Criminal Appeals of Texas · 1958
  3. Ciulla v. StateCourt of Appeals of Texas · 1968
  4. Henderson v. StateCourt of Criminal Appeals of Texas · 1927
  5. Vines v. StateCourt of Criminal Appeals of Texas · 1966

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