Court of Criminal Appeals of Texas

Lester Leroy Bower, Jr., Appellant v. the State of Texas, Appellee

January 25, 19891989 Tex. Crim. App. LEXIS 6

Summary

The Court affirmed Bower's convictions for four capital murders, holding that the evidence was sufficient, the killings occurred during the course of a robbery, the warrantless observation of the garage was not a search, and the affidavit provided adequate probable cause under both the Fourth Amendment and Article I, Sec. 9 of the Texas Constitution. Justice Clinton dissented, arguing that the majority improperly adopted the federal Gates test and infringed Texas sovereignty.