Court of Criminal Appeals of Texas, 1960

Wait v. State

Wait v. State
Court of Criminal Appeals of Texas · Decided April 20, 1960 · Belcher
334 S.W.2d 446; 1960 Tex. Crim. App. LEXIS 3111 (South Western Reporter, Second Series)

Wait v. State

Opinion of the Court

BELCHER, Commissioner.

The conviction is for the unlawful possession of barbiturates; the punishment, one year in jail and a fine of $1,000.

The state relied upon evidence obtained as a result of a search of appellant which was admitted over objection that the search was without warrant and illegal.

, The state confesses that the record contains no evidence justifying the search and that this case should be reversed and remanded for new trial.

The record supports the state’s admission.

For the reason stated, the judgment is reversed and the cause is remanded.

Opinion approved by the Court.

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