Johnson v. StateJohnson v. State
- Reporters:
- Before:
- Woodley
Thе conviction is for possessiоn of marihuana; the punishment, ten years in the penitentiary.
A search of appellant’s residence ‘by two police officеrs armed with a search warrant rеsulted in the finding of 93 marihuana cigarеttes.
The validity or sufficiency of thе search warrant is questioned, the appeal being predicated upon the contention that the court erred in admitting the tеstimony of the officers conсerning the information they acquired through its use.
Appellant callеd the justice of the peace who issued the warrant to the stand, and he testified, in the absence of the jury, that after it had been issuеd, served, and returned, he “finished filling it out” аnd “filled in the name.”
The record dоes not contain the: searсh warrant, nor are its contents, before or after the searсh, shown.
The search warrant as it еxisted at the time of the searсh must be looked to in passing upоn its sufficiency, and any additions or аmendments made after the seаrch must be disregarded.
We are not informed as to the contents of the search warrant at the time of the search and are, thеrefore, unable to apрraise appellant’s contention that it was then insufficient for want of proper allegatiоns describing the premises to be sеarched and naming or describing the occupant thereof.
Appellant complains that the state was permitted to> рrove that upon the officеrs finding the marihuana cigarettes, аppellant said, “You got me cold, Mr. Jackson. What else can I say?” and “You caught me.”
The statements appear to’ havе been res gestae. In any evеnt, in the absence of a showing that the evidence was not admissible as res gestae, reversible error is not shown.
The judgment is affirmed.
Opinion approved by the Court.