Crotts v. State

Citation432 S.W.2d 921
Decision Date09 October 1968
Docket NumberNo. 41455,41455
PartiesBilly Kindred CROTTS, Appellant, v. The STATE of Texas, Appellee.
CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas

Ross Hardin, Dallas, for appellant.

Henry Wade, Dist. Atty., Tom Reese, Charles Caperton, Camille Elliott, Malcolm Dade and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The offense is the possession of a narcotic drug, marihuana; the punishment, ten years.

The appellant did not comply with the requirements of Sec. 9 of Art. 40.09, Vernon's Ann.C.C.P., in that his brief fails to separately set forth with specificity each ground of error of which he desires to complain on appeal.

The following matters will be considered under the provisions of Section 13 of Art. 40.09, supra:

The appellant attacks the affidavit to the search warrant on the ground that it is insufficient to show probable cause for the issuance of the warrant.

The affidavit recites that affiants: 'do solemnly swear that heretofore, on or about the 19 day of July A.D., 1964, * * * Donald Glenn Pomeroy and/or persons unknown did then and there unlawfully possess a narcotic drug, to-wit: marihuana, * * * that said narcotic drugs are now concealed by Donald Glenn Pomeroy and/or persons unknown * * * at 7641 Eastern Avenue, City of Dallas. * * * We have been informed of the existence of the foregoing set out facts by reliable, credible and trustworthy citizen of Dallas, Dallas County, Texas, (B) and further (9) that we received the information from a confidential informant. That we have received information from this subject in the past and the information has always been true and correct. That this subject saw Donald Glenn Pomeroy and unknown persons smoke marihuana at 7641 Eastern Avenue recently. That we know Donald Glenn Pomeroy to be a user of marihuana and that he was indicted in 1960 for possession of marihuana.'

It is concluded that sufficient facts were presented to the magistrate to establish that probable cause did exist and authorized the magistrate to issue the search warrant. Acosta v. State, Tex.Cr.App., 403 S.W.2d 434; Bosley v. State, Tex.Cr.App., 414 S.W.2d 468; Slaton v. State, Tex.Cr.App., 418 S.W.2d 508; Sutton v. State, Tex.Cr.App., 419 S.W.2d 857. The appellant's contention is overruled.

It is insisted that the trial court erred in not requiring the state to disclose the identity of the...

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8 cases
  • White v. State
    • United States
    • Texas Court of Criminal Appeals
    • July 9, 1969
    ...character. The affidavit contained sufficient facts for the magistrate to conclude that probable cause existed. Crotts v. State, Tex.Cr.App., 432 S.W.2d 921. See Aguilar v. State, Tex.Cr.App., 444 S.W.2d 935, and the cases therein cited. The first ground of error is In the second ground of ......
  • Hinkle v. State, 42071
    • United States
    • Texas Court of Criminal Appeals
    • May 21, 1969
    ...error, must state the grounds separately. Article 40.09, Sec. 9, V.A.C.C.P.; Keel v. State, Tex.Cr.App., 434 S.W.2d 687; Crotts v. State, Tex.Cr.App., 432 S.W.2d 921. Ground of error #9 is In his tenth ground of error appellant complains of the court's action in admitting State's Exhibit No......
  • Smith v. State
    • United States
    • Texas Court of Criminal Appeals
    • June 13, 1973
    ...Satery v. State, 455 S.W.2d 294 (Tex.Cr.App.1970); Gaston v. State, 440 S.W.2d 297 (Tex.Cr.App.1969); Crotts v. State, 432 S.W.2d 921 (Tex.Cr.App.1968); Perez v. State, 394 S.W.2d 797 (Tex.Cr.App.1965); Ex parte Gomez v. State, 389 S.W.2d 308 (Tex.Cr.App.1965) and Gonzales v. Beto, 425 F.2d......
  • Aguilar v. State
    • United States
    • Texas Court of Criminal Appeals
    • June 25, 1969
    ...of Aguilar v. Texas, supra. requirements of Aguilar v. Texas, supra. 528, 84 S.Ct. 825, 11 L.Ed.2d 887 (1964); Crotts v. State, Tex.Cr.App., 432 S.W.2d 921; Gonzales v. State, Tex.Cr.App., 410 S.W.2d 435, cert. denied 387 U.S. 925, 87 S.Ct. 2044, 18 L.Ed.2d 982; Vojel v. State, Tex.Cr.App.,......
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