Court of Criminal Appeals of Texas

Norbert Lee Peltier and Larry Moore Pape, Appellant v. the State of Texas, Appellee

October 28, 19811981 Tex. Crim. App. LEXIS 1217

Summary

The Court reversed the conviction because the trial court failed to read the indictment to the jury and obtain a not‑guilty plea before the jury, violating mandatory statutory procedure, and because the affidavit supporting the search warrant did not establish a timely probable‑cause basis. Both errors were deemed not waived and required a new trial.