Summary
In Barnes v. Texas, 380 U.S. 253, 85 S.Ct. 942, 13 L.Ed.2d 818 (1965), the United States Supreme Court, in light of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Giordenello v. United States, 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503 (1958), held that the affidavit or complaint must set forth a sufficient basis upon which an independent finding of probable cause can be made by the magistrate before the issuance of an arrest warrant.
Summary of this case from Ex parte GarciaOpinion
No. 346, Misc.
Decided March 8, 1965.
Certiorari granted and judgment reversed.
Clyde W. Woody for petitioner.
Waggoner Carr, Attorney General of Texas, and Howard M. Fender, Charles B. Swanner, Gilbert J. Pena and Allo B. Crow, Jr., Assistant Attorneys General, for respondent.
The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is reversed. Giordenello v. United States, 357 U.S. 480; Aguilar v. Texas, 378 U.S. 108.