| dissenting].
I am of the opinion that under the plain provisions of Title 6, Article 316, Vernon’s Ann. C.C.P., the evidence discussed in the majority opinion rendered invalid the affidavit and the search warrant issued under it. The cases of Tillery v. State, 114 Tex. Cr. R. 106, 24 S.W. 2d 844, and McDonald v. State, 127 Tex. Cr. R. 526, 77 S.W. 2d 685, hold in accordance with my view and should not be overruled at this time.
I do not deem it important to go into detail in a dissenting opinion. Under our Constitution and the laws passed in pursuance thereof for safeguarding against unreasonable search and seizure of privately owned property, particularly the private residence, the rule should not be relaxed to any degree. The officers in this case knew the party and knew that he was the occupant of the house searched. There is no excuse for their failure to make the allegation and they admitted that their statement in the affidavit was not true. I cannot join in condoning their action. I respectfully dissent.