Stephens v. State

Court of Criminal Appeals of Texas

Stephens v. State

102 S.W.2d 423, 132 Tex. Crim. 78, 1937 Tex. Crim. App. LEXIS 118

CourtCourt of Criminal Appeals of Texas

DecidedMarch 3, 1937

DocketNo. 18853

StatusPublished

This text of 102 S.W.2d 423 (Stephens 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.

Bluebook

Stephens v. State, 102 S.W.2d 423, 132 Tex. Crim. 78, 1937 Tex. Crim. App. LEXIS 118 (Tex. 1937).

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Opinion

LATTIMORE, Judge.

— Conviction for possessing intoxicating liquor for purposes of sale in a dry area; punishment, a fine of $100.00.

We find in the record certain bills of exceptions complaining of the introduction against appellant of the results of a search of his premises, under authority of a search warrant. We have recently held in a number of cases that there is now no law in this State authorizing a search warrant to be issued to search for violations of the liquor law. Attention of the Legislature has been called to this situation. We have no right to do anything else but to reverse the case. See Greenway v. State, No. 18780, opinon handed down February 3, 1937 (131 Texas Crim. Rep., 620).

The judgment is reversed and the cause remanded.

Reversed and remanded.

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LATTIMORE, Judge.

— Conviction for possessing intoxicating liquor for purposes of sale in a dry area; punishment, a fine of $100.00.

We find in the record certain bills of exceptions complaining of the introduction against appellant of the results of a search of his premises, under authority of a search warrant. We have recently held in a number of cases that there is now no law in this State authorizing a search warrant to be issued to search for violations of the liquor law. Attention of the Legislature has been called to this situation. We have no right to do anything else but to reverse the case. See Greenway v. State, No. 18780, opinon handed down February 3, 1937 (131 Texas Crim. Rep., 620).

The judgment is reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

102 S.W.2d 423, 132 Tex. Crim. 78, 1937 Tex. Crim. App. LEXIS 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-state-texcrimapp-1937.

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