
    NICHOLS v. STATE.
    (No. 11349.)
    Court of Criminal Appeals of Texas.
    March 7, 1928.
    Criminal law <§=>394 — Evidence obtained by search of defendant’s residence under warrant issued on complaint without averments of facts showing probable cause held inadmissible.
    In prosecution for possessing liquor for sale, evidence obtained by search of defendant’s residence under warrant issued on complaint containing no averment of any fact shojving probable cause held inadmissible.
    Commissioners’ Decision.
    Appeal from District Court, Hardin County ; Geo. C. O’Brien, Judge.
    Henry Nichols was convicted of possessing intoxicating liquor for the purpose of sale, and he appeals.
    Reversed and remanded..
    Coe & Briggs, of Kountze, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   MARTIN, J.

Offense, the possession of intoxicating liquor for the purpose of sale; penalty, one year in the penitentiary.

Evidence was introduced over proper and timely objection that whisky was found in appellant’s residence. The officer who gave this testimony was operating under an invalid search warrant issued upon a complaint containing no averment of any fact Showing probable cause, all of which appears by proper bill of exception. This case is ruled by that of Chapin v. State, 107 Tex. Cr. R. 477, 296 S. W. 1095, which has been uniformly followed by this court since its rendition.

The judgment is reversed, and the cause remanded.

PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.  