SMITH v. STATE

No. 30958.

328 S.W.2d 764 (1959)

Gerald V. SMITH, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 11, 1959.


Attorney(s) appearing for the Case

Schlesinger, Goodstein & Semaan, by Fred A. Semaan, San Antonio, for appellant.

Charles J. Lieck, Jr., Dist. Atty., Norma Lee Fink, Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is the possession of barbiturates; the punishment, a fine of $200.

The sole question presented for review is the authority of the Judge of County Court at Law No. 2 of Bexar County to issue a search warrant. Appellant contends that since Art. 33, Vernon's Ann. C.C.P., which defines who are magistrates, names the County Judge but does not name Judges of the County Courts at Law, the warrant in the instant case is void...

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