San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-08-31
CASE
DISMISSED IN
STATE COURT
Man Arrested by Rangers
Freed by Judge
Campbell.
WARRANT WAS VOID
Second Case Of the Kind
to Be Decided Re-
Gently.
WARRANT WAS VOID

Fred Burncs. charged by complaint
in Justice of the Peace X. Neil Camp
bells court with possession of equip
ment for the manufacture of liquor,
was discharged by Judge Campbell
Friday morning following a prelimin-
airy hearing wherein the search wal
rant used by State Ranger {. Il. Miller
in searching the place was held in
valid. This is the second complains
filed by rangers under the Dean act
to be quashed by Judge Campbell,
both being thrown out of court on the
ground that the affidavits on which
the warrants were obtained were in
adequate and that the warrants them
selves were void.
The first complaint 10 be filed b.
state rangers during their clean UP
campaign was against Charles Klaus,
30S Dittmar street. This complaint
charged possession of more than one
quart of intoxicating liquor. The
search warrant under which this evis
dence was Obtained was granted by
Judge w. w. McCrory of the Ninety
fourth District Court. upon effidavit
signed by Ranger Miller that liquor
was being kept at Klaus residence.
Judge. Campbell quashed the warrant
in this case ON the ground that il was
illegal.
Say Rangers Can't Serve Warrant.
Tue case Friday was similar 10 that
against Klaus. Ranger Miller raide1
Burnes' place on the Fredericksburg
road on August % and captured what
was claimed to have been coil and
condenser. The search warrant and
affidavit were almost identical with
those used in the Klaus raid.
Leonard Brown, representing
Burnes. filed motion to quash. set
ting out that both the affidavit and
search warrant were void. The affi-
davit. the motion set out. was made
upon the information and belief
and not the personal knowledge of the
man signing it. Furthermore. the mo-
ton set out. the affidavit and warrau
failed to properly describe the premises
to be searched.
One of the prime defects in the
search warrant itself. the motion
pointed out, was the addressing of the
warrant to the "sheriff or peace Off
Ger or any state ranger The law re-
quircs that search warrants for liquor
must be addressed to the sheriff or
constable" of any county. In view OF
this fact, the motion set out. rangers
have no authority under the law TO
execute search warrants.
! District Attorney Not Present.
Furthermore, the motion alleges. the
ranger making the seizure failed TO
make a proper inventory Of the prop.
erty seized. In other words, it charged
that Burnes' property had been "un-
lawfully seized and that the proce-
dure was .yiolative of the rights OF
this defendant under the constitution
and laws of the state Of Texas and
of the United States"
Mr.. Brown submitted the affidavit
and search warrant in evidence when
he presented his motion to quash.
Judge Campbell. after reading il, and
notifying the district attorney that
the motion Had been filed. granted the
motion and Burnes was; discharged.
The district attorneys office was not
represented at the hearing.
Action in the Burnes case Friday is
expected to mark the last one to BE-
/ filed by state rangers under the Dean
act. Judge McCrory, who lad issued
the search warrants employed in both
cases. has since held that before he
will issue such warrants. he must be
! furnished with an affivadit sworn to
by two credible persons that liquor
is geing sold or manufactured. Since
this ruling only fwo warrants have
been applied for and these were issued
| FRIDAY n week age