Baray v. State, No. 30224
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
| Writing for the Court | MORRISON; DAVIDSON |
| Citation | 167 Tex.Crim. 456,321 S.W.2d 87 |
| Decision Date | 17 December 1958 |
| Docket Number | No. 30224 |
| Parties | Alberto M. BARAY, Appellant, v. STATE of Texas, Appellee. |
Page 87
v.
STATE of Texas, Appellee.
Rehearing Denied Feb. 4, 1959.
Putman & Putman, by Hal J. Putman, San Antonio, for appellant.
Hubert W. Green, Jr., Dist. Atty., H. F. Garcia and John G. Genavides, Asst. Dist. Attys., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.
MORRISON, Presiding Judge.
The offense is the possession of marijuana; the punishment, 15 years.
Three officers of the narcotic division of the San Antonio [167 Tex.Crim. 457] police were parked at a certain location on the night in question watching for a certain automobile of which they had a complete description and which belonged to two brothers who were known narcotic peddlers. The automobile arrived, parked near a small grocery store, and a group of teen age boys converged upon it. They saw the driver of the automobile reach in his shirt pocket and hand something to one of the boys. At this juncture, the officers started their automobile in that direction, and several of the boys called out in Spanish, 'The dogs are coming,' and the driver of the automobile looked back and then drove away. One of the officers dropped off at the scene, and the two remaining officers pursued the fleeing automobile, observed the driver reach in his shirt pocket and then drop some cigarettes out of the automobile window. Within a block they were able to bring the automobile to a halt and place the appellant, who was alone therein, under arrest. Following this, they retraced their course and recovered four cigarettes from the street at the point where they saw the appellant drop them. At the police station the appellant's shirt was taken from him and, with the cigarettes, was sent to the Department of Public Safety. The cigarettes and the shirt pocket were shown to contain marijuana.
The appellant did not testify in his own behalf, but called several witnesses who were present at the scene, saw the officers searching in the street but did not see them find anything.
We shall discuss the contentions advanced by diligent counsel in brief and argument.
He challenges the legality of the arrest and the search of the person of the appellant. The State introduced in evidence an ordinance of the City of San Antonio enacted pursuant to the terms of Article 214, Vernon's Ann.C.C.P. 'authorizing the arrest, without warrant, of persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony or breach of the peace, or threaten, or are about to commit some offense against the laws.'
Reliance is had upon Palacio v. State, 162 Tex.Cr.R. 194, 283 S.W.2d 765, and Thomas v. State, 163 Tex.Cr.R. 68, 288...
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Dyar v. State, No. 1794-01.
...something being stuffed under front seat, there was sufficient probable cause for immediate arrest without warrant); Baray v. State, 167 Tex.Crim. 456, 457-58, 321 S.W.2d 87, 88-89 (1958) (upholding legality of warrantless arrest under "suspicious places" ordinance when officers saw defenda......
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Carroll v. State, No. 1192
...149 P.2d 25. 3 Hunt v. State, 158 Tex.Crim. 618, 258 S.W.2d 320; People v. Noland, 61 Cal.App.2d 364, 143 P.2d 86. 4 Baray v. State, 167 Tex.Crim. 456, 321 S.W.2d 87; Davila v. State, 335 S.W.2d 610 5 People v. Berti, 178 Cal.App.2d 872, 3 Cal.Rptr. 514. ...
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Artell v. State, No. 35418
...S.W.2d 640; Slaughter v. State, 314 S.W.2d 92; Bridges v. State, 166 Tex.Cr.R. 556, 316 S.W.2d 757; Baray v. State, 167 Tex.Cr.R. 456, 321 S.W.2d 87; McCall v. State, 167 Tex.Cr.R. 559, 322 S.W.2d 291; and Leal v. State, 169 Tex.Cr.R. 222, 332 S.W.2d The court did not err in declining to re......
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Logan v. State, No. 42339
...the arrest and search under our holdings in Griffey v. State, 159 Tex.Cr.R. 141, 265 S.W.2d 115; Baray v. State, 167 Tex.Cr.R. 456, 321 S.W.2d 87, and Jones v. State, 171 Tex.Cr.R. 608, 352 S.W.2d We further overrule appellant's contention made without citation or authority that the court s......
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Dyar v. State, No. 1794-01.
...something being stuffed under front seat, there was sufficient probable cause for immediate arrest without warrant); Baray v. State, 167 Tex.Crim. 456, 457-58, 321 S.W.2d 87, 88-89 (1958) (upholding legality of warrantless arrest under "suspicious places" ordinance when officers saw defenda......
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Carroll v. State, No. 1192
...149 P.2d 25. 3 Hunt v. State, 158 Tex.Crim. 618, 258 S.W.2d 320; People v. Noland, 61 Cal.App.2d 364, 143 P.2d 86. 4 Baray v. State, 167 Tex.Crim. 456, 321 S.W.2d 87; Davila v. State, 335 S.W.2d 610 5 People v. Berti, 178 Cal.App.2d 872, 3 Cal.Rptr. 514. ...
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Artell v. State, No. 35418
...S.W.2d 640; Slaughter v. State, 314 S.W.2d 92; Bridges v. State, 166 Tex.Cr.R. 556, 316 S.W.2d 757; Baray v. State, 167 Tex.Cr.R. 456, 321 S.W.2d 87; McCall v. State, 167 Tex.Cr.R. 559, 322 S.W.2d 291; and Leal v. State, 169 Tex.Cr.R. 222, 332 S.W.2d The court did not err in declining to re......
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Logan v. State, No. 42339
...the arrest and search under our holdings in Griffey v. State, 159 Tex.Cr.R. 141, 265 S.W.2d 115; Baray v. State, 167 Tex.Cr.R. 456, 321 S.W.2d 87, and Jones v. State, 171 Tex.Cr.R. 608, 352 S.W.2d We further overrule appellant's contention made without citation or authority that the court s......