Simpson v. State

Court of Criminal Appeals of Texas
Simpson v. State, 215 S.W.2d 619 (Tex. Crim. App. 1948)
152 Tex. Crim. 484; 1948 Tex. Crim. App. LEXIS 1365
Davidson, Hon, Morrison

Simpson v. State

Opinion of the Court

DAVIDSON, Judge.

The conviction is for unlawfully possessing whisky for the purpose of sale, with punishment fixed at a fine of $150.00.

This is a conviction growing out of the same transaction as that against the appellant in Case No. 24,108, this day decided. (Page 481 of this volume.)

In addition to the finding of the beer as shown in Case No. 24,108, the officers also found in appellant’s house a quantity of whisky. It is for the. possession of this whisky that he stands here convicted.

*485 The right to search for and seize that whisky depends upon the same facts as shown in Case No. 24,108.

Our conclusion that the search in that case was unauthorized determines, also, this case.

For the reasons set forth in said Case No. 24,108, the judgment is reversed and the cause is remanded.

Opinion approved by the Court.

Reference

Full Case Name
James Simpson v. State.
Status
Published