Chivers v. State, 44798
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
| Writing for the Court | ROBERTS |
| Citation | 481 S.W.2d 125 |
| Parties | Charles Edward CHIVERS, Appellant, v. The STATE of Texas, Appellee. |
| Docket Number | No. 44798,44798 |
| Decision Date | 24 May 1972 |
Page 125
v.
The STATE of Texas, Appellee.
Rehearing Denied June 28, 1972.
Dan J. Anderson, Richardson, for appellant.
Henry Wade, Dist. Atty. and James B. Scott, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
ROBERTS, Judge.
This is an appeal from a conviction for rape. Appellant was found guilty by a jury, and his punishment was assessed by the court at confinement for life.
In his brief, appellant raises two grounds of error. In his first ground of error, he complains of the admission into evidence of (1) a knife which was taken from his person as a result of a search incident to his arrest, (2) two items of clothing which were taken from appellant's home as a result of an oral statement made by him to police officers while in custody, and (3) a written statement signed by appellant while in custody. It is appellant's contention that all three were inadmissible as being the fruits of an illegal arrest. Appellant does not challenge the voluntary nature of the oral statement, but the voluntary nature of the written statement is challenged in his second ground of error.
Page 126
The admissibility of the clothing which was located as a result of appellant's oral statement and the admissibility of his written statement is not dependent upon the legality of his arrest but rather, is dependent upon the voluntary nature of the oral and written statements. The admissibility of the knife, however, is dependent upon the validity of the arrest because it was seized as a result of a search incident to arrest. Therefore, the legality of the arrest must be determined.
Appellant contends that his arrest was illegal because it was not made pursuant to an arrest warrant and because it did not fall within one of the statutory exceptions to the warrant requirement.
The evidence reflects that the complaining witness was raped in her mobile home by a Negro male at approximately 10:00 a.m. on January 27, 1970. After the man left the home, the police were called, but were unable to locate the man. At approximately 10:30 a.m. on the following day, the complaining witness again saw the man who had raped her at the door of her mobile home. The police and Mr. Keenan, husband of the complaining witness who was at work, were called. Mr. Keenan immediately left for his home, arriving there before the police arrived. Upon his arrival, he saw a Negro male standing in a washateria which was located near his home, looking in the direction of the home. Keenan recognized the man as matching the description of the rapist given to him by his wife on the day before. Keenan gave chase, but was unable to catch the man. The police then arrived, and Keenan gave a description of the man to the officer who arrived, who was the same officer that answered the call the previous day. The...
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Simmons v. State, 46966
...facts at the hearing, was free to disbelieve defense testimony. Gutierrez v. State, 502 S.W.2d 746, (Tex.Cr.App.1971); Chivers v. State, Tex.Cr.App., 481 S.W.2d 125. There was sufficient evidence for the court to conclude that the statutory and the Miranda type warnings were adequately and ......
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Pilcher v. State, 46606
...cert. den. 403 U.S. 952, 91 S.Ct. 2287, 29 L.Ed.2d 864; Johnson v. State, 466 S.W.2d 735 (Tex.Cr.App.1971); Chievers v. State, 481 S.W.2d 125 (Tex.Cr.App.1972). The arrest was valid and the personal search of appellant incident to his arrest was authorized. Price v. State, 410 S.W.2d 778 (T......
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Veloz v. State
...free to believe the State's witnesses and to disbelieve appellant. Aranda v. State, 506 S.W.2d 221 (Tex.Cr.App.1974); Chivers v. State, 481 S.W.2d 125 (Tex.Cr.App.1972). We hold that there was ample evidence to justify the trial judge's finding that the confession was freely and voluntarily......
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Aranda v. State, 47441
...to believe the testimony of the State's witnesses and to disbelieve appellant's testimony in a hearing on voluntariness. Chivers v. State, Tex.Cr.App., 481 S.W.2d 125; Mitchell v. State, Tex.Cr.App., 466 S.W.2d In addition to the State's testimony contradicting appellant's claims, there is ......