Bridges v. State, 29869

Citation316 S.W.2d 757,166 Tex.Crim. 556
Decision Date11 June 1958
Docket NumberNo. 29869,29869
PartiesBobble George BRIDGES, Appellant, v. The STATE of Texas, Appellee.
CourtTexas Court of Criminal Appeals

C. C. Divine, Houston, for appellant.

Dan Walton, Dist. Atty., Frank Briscoe and Thomas D. White, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for the unlawful possession of heroin with a prior conviction for an offense of like character alleged for the purpose of enhancement; the punishment, 99 years.

The State's testimony shows that Officers E. J. Stringfellow and H. M. Gray, of the Narcotics Division of the Houston Police Department, received information that the appellant would deliver heroin in a chewing gum wrapper to a male person known as Henderson Hobbs in the 2100 Block of McGowen Street. Upon proceeding to the address, they observed the appellant park his automobile in front of an apartment house at 2102 McGowen, blow the horn twice, and Hobbs come out of the house. As the Officers got out of their automobile and approached the appellant's automobile, appellant looked toward them and attempted to put a chewing gum wrapper in his mouth whereupon Officer Stringfellow knocked it from his hand to the floor board and picked it up. A capsule was seen to fall from the wrapper and the wrapper itself was found to contain three more capsules. The capsules, upon being examined by Chemist R. E. Tullis, were found to contain heroin. Proof was made of appellant's prior conviction as alleged. Appellant's written confession made to the Officers after his arrest was introduced in evidence by the State in which he admitted the finding of the capsules of heroin on the floor board of his automobile by the Officers.

As a witness in his own behalf, appellant admitted his prior conviction of the offense of possession of marijuana as alleged in the indictment but denied that he possessed the chewing gum wrapper and capsules of heroin recovered from his automobile by the Officers. Appellant testified that on the day in question he had loaned his automobile to a friend who returned it with gum wrappers on the floor board and denied that he had attempted to put the gum wrapper to his mouth and that Officer Stringfellow knocked it to the floor board.

Joe Nathan Wilson, upon being called as a witness by the appellant, testified that on the day in question he borrowed appellant's automobile and when it was returned it had gum wrappers in it.

The jury chose to accept the State's testimony and reject that of the appellant and we find the evidence sufficient to sustain their verdict.

Appellant questions the sufficiency of the indictment to charge an offense because it does not negative the various exceptions found in art. 725b, Vernon's Annotated Penal Code. While appellant filed no exceptions or motion to quash the indictment in the Trial Court we have examined the same and find the allegations therein sufficient to charge an offense. Under the provisions of Sec. 21 of art. 725b, supra, it is not necessary that an indictment negative any of the exceptions contained in the Act. Such provision of the statute was given effect in Manson v. State, Tex.Cr.App., 316 S.W.2d 414. See, also, Browning v. State, 161 Tex.Cr.R. 273, 276 S.W.2d 522.

Appellant next insists that the recovery of the four capsules from the floor board of his automobile by the Officers was the result of an illegal arrest and search not based upon probable cause. With such contention we no not agree. The information which the Officers had received plus appellant's overt act in attempting to put the the chewing gum wrapper in his mouth was sufficient to lead the Officers to believe that appellant possessed a narcotic drug and was committing a felony in their presence and to authorize his arrest and search of the automobile without a warrant. Art. 725b, sec. 15, supra. French v. State, 162 Tex.Cr.R. 48, 284 S.W.2d 359; Sanders v. State, Tex.Cr.App., 312 S.W.2d 640, and Slaughter v. State, Tex.Cr.App., 314 S.W.2d 92.

We overrule appellant's contention that the Court erred in not requiring Officer Stringfellow to name his informer. An Officer is not required to reveal the name of the person from whom he receives information upon which he bases his right to arrest or search upon probable cause. Sadler v. State, 118 Tex.Cr.R. 318, 40 S.W.2d 91, and Hudson v. State, 156 Tex.Cr.R. 612, 243 S.W.2d 841, 245 S.W.2d 259.

We find no merit in appellant's contention that the Court erred in permitting Officer Stringfellow to read an offense report to the jury. The record does not reflect that the witness read the report to the jury but only that the witness was permitted to refer to the report to refresh his memory. Appellant also complains of the Court's action in admitting in evidence, over his objection, the offense report and the officer's written request for a chemical analysis of the capsules taken from the automobile. The record reflects that the Court later sustained appellant's...

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27 cases
  • State v. Burnett
    • United States
    • New Jersey Supreme Court
    • June 1, 1964
    ...v. State, 39 Ala.App. 575, 105 So.2d 354 (Ct.App.1958); State v. Hardy, 114 So.2d 344 (Fla.D.Ct.App.1959); Bridges v. State, 166 Tex.Cr.R. 556, 316 S.W.2d 757 (Tex.Cr.App.1958). Recently the United States Supreme Court decided Rugendorf v. United States, 84 S.Ct. 825 (March 30, 1964). There......
  • Miller v. State
    • United States
    • Texas Court of Criminal Appeals
    • September 4, 1970
    ...Ann.C.C.P. Article 725b, Sec. 15, Vernon's Ann.P.C. See also Slaughter v. State, 166 Tex.Cr.R. 403, 314 S.W.2d 92; Bridges v. State, 166 Tex.Cr.R. 556, 316 S.W.2d 757. The search incident to such arrest was therefore lawful. Even if it can be argued that the search preceded the actual arres......
  • Adkins v. State
    • United States
    • Texas Court of Criminal Appeals
    • November 23, 1988
    ...S.W.2d 718 (Tex.Cr.App.1986); Whaley v. State, supra; Miller v. State, 458 S.W.2d 680 (Tex.Crim.App.1970); Bridges v. State, 166 Tex.Cr.R. 556, 316 S.W.2d 757 (Tex.Crim.App.1958). The arrest being valid, the subsequent search incident to the arrest was also valid, the evidence arising there......
  • Lunde v. State
    • United States
    • Texas Court of Criminal Appeals
    • July 1, 1987
    ...probable cause that an offense was then occurring. See Miller v. State, 458 S.W.2d 680 (Tex.Cr.App.1970); Bridges v. State, 166 Tex.Cr.R. 556, 316 S.W.2d 757 (Tex.Cr.App.1958). Turning to the facts of the instant case, we find the circumstances analytically indistinguishable from those case......
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