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CALDARERA v. STATE

Nos. 47367, 47368.

504 S.W.2d 914 (1974)

Louis C. CALDARERA, Appellant, v. The STATE of Texas, Appellee. Jesse F. WALKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 6, 1974.

Attorney(s) appearing for the Case

Jim Tom Haynes, Mexico City, Mexico, for appellants.

Robert O. Smith, Dist. Atty., Stephen H. Capelle, Asst. Dist. Atty., Austin, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The convictions are for the possession of marihuana; the punishment, two years' imprisonment, probated.

The marihuana admitted into evidence was obtained by officers armed with a search warrant. The question presented is whether the affidavit supporting the search warrant states probable cause. We find that it does not.

The relevant part of the affidavit reads as follows:

"My source has been present when...

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