Gleghorn v. State

Court of Criminal Appeals of Texas

Gleghorn v. State

182 S.W.2d 920, 147 Tex. Crim. 544, 1944 Tex. Crim. App. LEXIS 1031

CourtCourt of Criminal Appeals of Texas

DecidedOctober 25, 1944

DocketNo. 22922.

StatusPublished

This text of 182 S.W.2d 920 (Gleghorn v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gleghorn v. State, 182 S.W.2d 920, 147 Tex. Crim. 544, 1944 Tex. Crim. App. LEXIS 1031 (Tex. 1944).

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Opinion

GRAVES, Judge.

Appellant was charged with a violation of the liquor laws of Baylor County, and was by a jury assessed a fine of $500.00.

This case is in the same condition, relative to the affidavit and search warrant, as óur cause No. 22921, A. D. Jones v. State, this day decided. (Page 546 of this volume.) In both the affidavit and warrant the premises searched, and where the liquor was found, are merely set forth as being the “premises of W. G. Gleghorn.” No further connection therewith is shown in either the affidavit or warrant; no allegation of possession, occupation or control over such premises upon the part of appellant.

Under the authorities cited in our No. 22921, A. D. Jones v. State, supra, this judgment is reversed and the cause remanded.

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GRAVES, Judge.

Appellant was charged with a violation of the liquor laws of Baylor County, and was by a jury assessed a fine of $500.00.

This case is in the same condition, relative to the affidavit and search warrant, as óur cause No. 22921, A. D. Jones v. State, this day decided. (Page 546 of this volume.) In both the affidavit and warrant the premises searched, and where the liquor was found, are merely set forth as being the “premises of W. G. Gleghorn.” No further connection therewith is shown in either the affidavit or warrant; no allegation of possession, occupation or control over such premises upon the part of appellant.

Under the authorities cited in our No. 22921, A. D. Jones v. State, supra, this judgment is reversed and the cause remanded.

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182 S.W.2d 920, 147 Tex. Crim. 544, 1944 Tex. Crim. App. LEXIS 1031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gleghorn-v-state-texcrimapp-1944.