Carmouche v. State, No. 50354

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Writing for the CourtDOUGLAS; ONION
Citation540 S.W.2d 701
Docket NumberNo. 50354
Decision Date14 July 1976
PartiesRobert Booker CARMOUCHE, Appellant, v. The STATE of Texas, Appellee.

Page 701

540 S.W.2d 701
Robert Booker CARMOUCHE, Appellant,
v.
The STATE of Texas, Appellee.
No. 50354.
Court of Criminal Appeals of Texas.
July 14, 1976.
Rehearing Denied Sept. 15, 1976.

Marvin O. Teague, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Alvin Titus, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the possession of not more than two ounces of marihuana. Punishment was assessed by the court at thirty days.

Appellant contends that the evidence is insufficient to support the conviction.

On December 14, 1973, Officer J. M. Vaughn received information from an informant that he had seen a cigar box containing marihuana in appellant's apartment. The informant gave Officer Vaughn appellant's address in Houston and a description of his car.

Vaughn and two other officers met the informant at the apartment complex. Appellant and a female companion, a Miss McIntire, were loading their belongings into a trailer when the officers arrived. Appellant and his companion drove away. After they had driven about three or four hundred yards on the Gulf Freeway, the officers stopped them and searched the car. During the search, Vaughn found a cigar box containing a half ounce of marihuana.

The evidence is sufficient to show that appellant possessed the marihuana found in the car.

It is contended that the proof does not show that there was a usable amount of marihuana found. The evidence shows that there was a half ounce of marihuana in the cigar box. There was no direct testimony that this was a usable amount.

The Legislature apparently recognized that one fourth ounce of marihuana was a usable amount when it adopted Section 4.05(f) of the Texas Controlled Substances Act. It provides:

'An offense under Subsection (d) is a Class B misdemeanor if the actor delivers one fourth ounce or less without receiving remuneration.'

It would be difficult, if not impossible, to conceive that a half ounce of any leafy substance would not be sufficient to make several cigarettes.

We conclude that the evidence is sufficient to establish that appellant possessed a usable quantity of marihuana. See People v. Locke, 274 Cal.App.2d 541, 79 Cal.Rep. 367 (4th Cir., Div. 1, 1969).

Complaint is made that the trial court erred in failing to require the State to disclose the identity of the informant. Officer Vaughn testified that the informant saw a cigar box containing marihuana in the apartment. Officers met the informant at the apartment complex. The informant and Officer Vaughn watched appellant and McIntire load their belongings into a car. The informant left before appellant was arrested.

The Supreme Court of the United States in Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639, wrote:

Page 703

'. . . The purpose of the privilege (informant's privilege) is the furtherance and protection of the public interest in effective law enforcement. The privilege recognizes the obligation of citizens to communicate their knowledge of the commission...

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36 practice notes
  • Pena v. State, No. 10-03-00109-CR.
    • United States
    • Court of Appeals of Texas
    • May 2, 2007
    ...2006 Tex.App. LEXIS 1151, at *12 (Tex.App.-Dallas Feb. 13, 2006, no pet.) (not designated for publication) (citing Carmouche v. State, 540 S.W.2d 701, 703 (Tex.Crim.App.1976)); accord Schillings v. State, No. 12-03-00069-CR, 2004 WL 1192634, at *3, 2004 Tex. App. LEXIS 4864, at *9 (Tex.App.......
  • Thomas v. US, No. 91-CF-113
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • November 9, 1994
    ...banc) (citations omitted); People v. Carrasco, 118 Cal.App.3d 936, 173 Cal.Rptr. 688, 695 (1981) (citations omitted); Carmouche v. State, 540 S.W.2d 701, 702 (Tex. Crim.App.1976) (citation 32 Lausterer v. State, 693 P.2d 887, 890 (Alaska Ct.App.1985) ("a person who sells or possesses for sa......
  • Kemner v. State, No. 55786
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • June 13, 1979
    ...or, in the alternative, the informant was a material witness on the issue of appellant's culpable mental state. In Carmouche v. State, 540 S.W.2d 701 (Tex.Cr.App.1976), it was stated "The identity of an informant need not be disclosed unless (1) the informant participated in the offense; (2......
  • Hardeman v. State, No. 52945
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • May 25, 1977
    ...shown to be a material witness to the transaction or as to whether the appellant knowingly committed the act charged. Carmouche v. State, 540 S.W.2d 701 (Tex.Cr.App.1976); Barber v. State, 511 S.W.2d 937 (Tex.Cr.App.1974); James v. State, 493 S.W.2d 201 (Tex.Cr.App.1973); Roviaro v. United ......
  • Request a trial to view additional results
36 cases
  • Pena v. State, No. 10-03-00109-CR.
    • United States
    • Court of Appeals of Texas
    • May 2, 2007
    ...2006 Tex.App. LEXIS 1151, at *12 (Tex.App.-Dallas Feb. 13, 2006, no pet.) (not designated for publication) (citing Carmouche v. State, 540 S.W.2d 701, 703 (Tex.Crim.App.1976)); accord Schillings v. State, No. 12-03-00069-CR, 2004 WL 1192634, at *3, 2004 Tex. App. LEXIS 4864, at *9 (Tex.App.......
  • Thomas v. US, No. 91-CF-113
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • November 9, 1994
    ...banc) (citations omitted); People v. Carrasco, 118 Cal.App.3d 936, 173 Cal.Rptr. 688, 695 (1981) (citations omitted); Carmouche v. State, 540 S.W.2d 701, 702 (Tex. Crim.App.1976) (citation 32 Lausterer v. State, 693 P.2d 887, 890 (Alaska Ct.App.1985) ("a person who sells or possesses for sa......
  • Kemner v. State, No. 55786
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • June 13, 1979
    ...or, in the alternative, the informant was a material witness on the issue of appellant's culpable mental state. In Carmouche v. State, 540 S.W.2d 701 (Tex.Cr.App.1976), it was stated "The identity of an informant need not be disclosed unless (1) the informant participated in the offense; (2......
  • Hardeman v. State, No. 52945
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • May 25, 1977
    ...shown to be a material witness to the transaction or as to whether the appellant knowingly committed the act charged. Carmouche v. State, 540 S.W.2d 701 (Tex.Cr.App.1976); Barber v. State, 511 S.W.2d 937 (Tex.Cr.App.1974); James v. State, 493 S.W.2d 201 (Tex.Cr.App.1973); Roviaro v. United ......
  • Request a trial to view additional results

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