Legal Opinion

Magee v. State

Court of Criminal Appeals of Texas

Decided November 2, 1938No. 19870PublishedCited by 1 opinion

The opinion states the case.

1Opinion of the Court

GRAVES, Judge.

Appellant was convicted of a violation of the liquor laws of this State, in a dry area, and fined $100.00, hence this appeal.

We note only two complaints from appellant’s brief:

He first complains of the search warrant because the affidavit therefor nowhere alleges that the premises to be searched was “occupied” by appellant, and quotes as his authority the case of Miller v. State, 114 S. W. (2d) 244, for the proposition that such allegation is vital to the sufficiency of the affidavit upon which the warrant is based.

We are not in accord with appellant’s construction of the…

2Cases cited2 opinions

  1. Miller v. StateCourt of Criminal Appeals of Texas · 1938
  2. Seay v. StateCourt of Criminal Appeals of Texas · 1938

3Cited by1 opinion

  1. Gunter v. StateCourt of Criminal Appeals of Texas · 1940

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