TREVINO v. STATE OF TEXAS

No. 20836.

326 F.2d 403 (1964)

Jessie TREVINO, Appellant, v. The STATE OF TEXAS et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 19, 1964.


Attorney(s) appearing for the Case

Reynold M. Gardner, Amarillo, Tex., for appellant.

George W. Gray, III, Asst. Atty. Gen., Austin, Tex., Frank Gaston, Dist. Atty., Steve Hurt, County Atty., Plainview, Tex., Sam R. Wilson, Asst. Atty. Gen., Houston, Tex., Waggoner, Carr, Atty. Gen., of Texas, for appellees.

Before HUTCHESON, BREITENSTEIN, and BELL, Circuit Judges.


PER CURIAM.

In this habeas corpus proceeding appellant Trevino seeks release from detention under a conviction in a Texas state court. He asserts that evidence obtained in a search of his premises was improperly used against him because such search was made under an illegal state search warrant. The warrant, which was issued by a county judge, is said to show no probable cause for the reason that the affidavit states conclusions based on hearsay.

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