DocketNumber: No. 13690.
Citation Numbers: 33 S.W.2d 1071, 116 Tex. Crim. 244
Judges: LATTIMORE, JUDGE. —
Filed Date: 11/12/1930
Status: Precedential
Modified Date: 1/13/2023
Considering the motion for rehearing which urges that the affidavit for search warrant does not show that the private residence of appellant is a place where intoxicating liquor is sold or manufactured, — we observe that Art. 691, P. C., wherein appears the above as a requirement, refers to and includes the affidavit as a whole, that is, — all those things so sworn to by the makers of the affidavit may be looked to and considered in determining legal sufficiency. We find in the third paragraph of the *Page 246
affidavit in the case before us, as reflected by the bill of exception, the following: "(3) That they have been informed by reliable persons * * * that A. A. Loftin is selling liquor capable of producing intoxication, * * * and that they have had a reliable person to tell them that he has purchased intoxicating liquor from A. A. Loftin, at said above described premises. * * * R. E. Gregory, A.D. Kuykendall. Sworn to and subscribed," etc. This we hold to be a sufficient showing in the affidavit. Villareal v. State,
The motion for rehearing will be overruled.
Overruled.