De Aguirre v. State

MORROW, Presiding Judge.

The offense is the possession of intoxicating liquor for the purpose of sale, punishment fixed at confinement in the penitentiary for one year.

The state’s testimony comes from an officer who testified that he found whiskey in a room occupied by the appellant. He purported to have acted under a search warrant issued solely on an affidavit upon information and belief, setting out no facts upon which the information is based, and reading in part as follows:

“A certain dwelling house on the property of James Miller, on Section 19, in the George H. Paul subdivision of the…