Kenneth J. Brown v. State Texas

Appellant at the outset urges this Court to overrule three of our relatively recent opinions. In Acosta v. State, Tex.Cr.App., 403 S.W.2d 434, we set forth an affidavit (which is identical in all material respects to the ones in the case at bar) made for the issuance of a search warrant, and held it to be sufficient. In Bosley v. State, Tex.Cr.App., 414 S.W.2d 468, and in Gonzales v. State, Tex.Cr.App., 410 S.W.2d 435, cert. den, 387 U.S. 925, 18 L. Ed. 2d 982, 87 S. Ct. 2044, we referred to the affidavit in Acosta, supra, and reaffirmed our holding that it was sufficient to show probable cause. In Gonzales, supra, we recognize that a conflict existed between the holdings of the several circuits and declined to depart from our prior holding until the Supreme Court of the United States settled the conflict. Such has not yet been done.