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SMITH v. STATE

No. PD-1814-05.

207 S.W.3d 787 (2006)

Freddie James SMITH, Appellant v. STATE of Texas.

Court of Criminal Appeals of Texas.

November 22, 2006.

Attorney(s) appearing for the Case

Jules L. Laird Jr., Houston, for Appellant.

Alan Curry, Asst. District Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

OPINION

COCHRAN, J., delivered the opinion of the Court, in which MEYERS, PRICE, WOMACK, JOHNSON, KEASLER, HERVEY and HOLCOMB, JJ., joined.

In this case of first impression, we address whether a search warrant is defective if the affiant swore before the magistrate that the facts within the affidavit were true, but he failed to sign the affidavit.1

Police officers obtained a search warrant as a part of their investigation...

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