Hernandez v. State

| dissenting].

I am of the opinion that under the plain provisions of Title 6, Article 316, Vernon’s Ann. C.C.P., the evidence discussed in the majority opinion rendered invalid the affidavit and the search warrant issued under it. The cases of Tillery v. State, 114 Tex. Cr. R. 106, 24 S.W. 2d 844, and McDonald v. State, 127 Tex. Cr. R. 526, 77 S.W. 2d 685, hold in accordance with my view and should not be overruled at this time.

I do not deem it important to go into detail in a dissenting opinion. Under our Constitution and the laws passed in pursuance thereof for safeguarding against…