Jack Fenner Elliott v. State Texas

Trial was before the jury upon a plea of not guilty to a charge of gambling promotion. V.T.C.A. Penal Code, Sec. 47.03. After the jury found appellant guilty, the trial court assessed punishment at seven years and $5,000.00. The Court of Appeals for the Fourteenth Supreme Judicial District (Houston) affirmed appellants conviction. Elliott v. State, 681 S.W.2d 98 (Tex.App. - Houston [14th] 1984). We granted appellants petition for discretionary review in order to examine the Court of Appeals holding that probable cause existed for the issuance of a warrant to search appellants residence.