Hebert v. State

BEAUCHAMP, Judge.

Appellant was convicted of burglary and assessed a penalty of three years in the penitentiary.

The state depends for conviction upon the admissibility of the fruits of the search of appellant’s home, in which they discovered a part of the property taken in the burglary. Objection was raised to this testimony on the ground that the affidavit for the search warrant is not in compliance with law.

After the formal part, the description of the property and the value thereof, the affiant stated further: “* * * that he suspects one Darrell J. Herbert of being the thief of said…