[DOWNLOAD] "Erbert Bailey v. State" by The Texas Court of Criminal Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Erbert Bailey v. State
- Author : The Texas Court of Criminal Appeals
- Release Date : January 16, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
"Appellant, in his motion for rehearing, apparently recognizes the deficiency of his Bill of Exception No. 1, in that it does not contain the search warrant complained of nor refer to any part of the record where a duly authenticated copy of it may be found. He seeks to avoid the effect of this fatal deficiency in his bill by arguing that the provisions of Article 759a, Section "C," Vernons Annotated Code of Criminal Procedure, by its terms forbids the incorporation of the alleged defective search warrant in a bill of exceptions because a copy of a purported search warrant was copied in the clerks transcript of the proceedings where appellants motion to suppress evidence was set out, such motion having as an exhibit attached to it a copy of an alleged search warrant. Appellants position seems to be that the legislative act, as he interprets it, has forbidden him to write an effective bill of exception and that, therefore, the court should write one for him. * * *