Browning v. State, 45401
Decision Date | 06 December 1972 |
Docket Number | No. 45401,45401 |
Citation | 488 S.W.2d 801 |
Parties | Donald Ray BROWNING, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
James A. Miles, Jr., Dallas, for appellant.
Henry Wade, Dist. Atty. and Jerome L. Croston, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.
This appeal is from a conviction for the offense of robbery with firearms; punishment was assessed by the jury at thirty years. This is a companion case to Green v. State, Tex.Cr.App., 470 S.W.2d 901.
The record reflects that the appellant and Billy Charles Green entered a 7--11 Grocery Store in Dallas on September 3, 1968; held a pistol to the head of David Anderson, the employee; committed the robbery and fled with the money they took. Appellant was positively identified at the trial by Anderson.
Initially, appellant asserts 'that there was no probable cause for his arrest, and that the arrest, therefore, was illegal and the evidence seized as a result thereof, was inadmissible against him.'
The evidence shows that immediately after the robbery the police were notified and a description of the robbers was broadcast over the police radio. Soon thereafter, a patrolman, who had heard the broadcast, observed an automobile speeding in a direction away from the grocery store. The appellant, two women and Green occupied the automobile. The appellant and Green met the description the officer had received so he stopped the automobile and placed all four occupants under arrest. When they arrived at the Dallas Police Station, and as they were alighting from the car, $52.00 dropped from inside the skirt of the clothing of one of the women. Subsequently, in the elevator, a 'bulge' was detected under the upper clothing of one of the women and, in response to a request by the officer, the woman handed over a pistol. Both women later went behind a partition in the station and removed from their clothing another pistol and the remainder of the loot taken in the robbery.
The same contention that is raised herein, i.e. that no probable cause existed for the arrest and the evidence seized was not admissible, was raised in the companion case of Green v. State, supra. We adhere to the holding therein as dispositive of appellant's first ground of error. We quote from Green where it is stated:
'The second and third grounds of error are overruled.
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...as to the money and pistol which were taken from the person of Beam. Green v. State, 370 S.W.2d 901 (Tex.Cr.App.1971); Browning v. State, 488 S.W.2d 801 (Tex.Cr.App.1972). The evidence shows that a knife was taken from the person of appellant. The legality of the search depends upon the leg......
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