MOORE v. STATE

No. 42611.

456 S.W.2d 114 (1970)

Robert J. MOORE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 15, 1970.


Attorney(s) appearing for the Case

Joseph Abraham, Jr., Sal Rebe, El Paso, for appellant.

George Rodriguez, Dist. Atty., and Thomas F. Keever, Asst. Dist. Atty., El Paso, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is possession of marijuana; the punishment, 10 years (probated).

Both appellant's grounds of error relate to the sufficiency of the affidavit for the search warrant. Omitting the formal allegation, we quote from the body of the affidavit as follows:

"I, JUAN AGUIRRE, do solemnly swear that heretofore on or about the twentieth day of December, 1967, in El Paso County, Texas, one ROBERT J. MOORE did then...

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