Etchieson v. State, No. 36128
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
| Writing for the Court | WOODLEY |
| Citation | 372 S.W.2d 690 |
| Docket Number | No. 36128 |
| Decision Date | 27 November 1963 |
| Parties | Virgil John ETCHIESON, Appellant, v. The STATE of Texas, Appellee. |
Page 690
v.
The STATE of Texas, Appellee.
Clyde W. Woody, Houston, (On Appeal Only), for appellant.
Henry Wade, Dist. Atty., James H. Miller, George Milner, and A. D. Jim Bowie, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
WOODLEY, Presiding Judge.
The offense is the unlawful possession of marihuana; the punishment, 20 years.
A prior judgment of conviction upon the indictment herein was reversed by this Court in Etchieson v. State, 172 Tex.Cr.R. 606, 361 S.W.2d 711.
Upon the second trial there was no evidence introduced on the question of whether the appellant was an occupant of or was in possession of the apartment, or was a guest or visitor.
The grounds for reversal of this conviction are directed to the validity of the search warrant and the admissibility of the marihuana and the evidence relating thereto.
The appellant relies upon a formal bill of exception which sets out his contention that the search warrant and affidavit therefor were illegal and void due to the fact that the same did not satisfy the requirements of the Fourth, Fifth and Fourteenth Amendments to the Constitution of the United States as construed in the case of Giordenello v. United States, 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503.
The bill certifies that the trial court reached the conclusion that the search warrant in question and the search which resulted satisfies the requirements of the Fourth, Fifth and Fourteenth Amendments to the Constitution, to which appellant excepted.
The formal bill of exception does not attempt to set out the objections made when the evidence was offered, nor does it certify what objection was made.
Looking to the statement of facts and the informal bills relating to the evidence and to the validity of the search, we find that the only objections that were made related to the execution of the search warrant and not to its sufficiency or the sufficiency of the affidavit upon which it was issued. We further find that evidence was admitted without objection that a 'grassy' looking substance in a plastic vial which the appellant was seen to place on the back of the commode was marihuana and that a similar substance was in the flushing commode in front of which the appellant was squatting down when the officers pursuing him broke into the bathroom.
We have examined each of the objections relating to the evidence and find none which states as ground that no probable cause was shown or that the affidavit for issuance of...
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Eisenhauer v. State, No. 149-85
...mere conclusions are insufficient presaged all contemporaneous decisions in similar search warrant litigation, viz: Etchieson v. State, 372 S.W.2d 690 (Tex.Cr.App.1963), judgment vacated and cause remanded, 378 U.S. 589, 84 S.Ct. 1932, 12 L.Ed.2d 1041 (1964), on remand, 382 S.W.2d 478 (Tex.......
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Acosta v. State, No. 39454
...with personal knowledge and failed to indicate any source of complainant's belief. The affidavit in Etchieson v. State, Tex.Cr.App., 372 S.W.2d 690, 'My belief as aforesaid is based on the following facts: '(A) I have been informed of the existence of the foregoing set out facts by reliable......
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Barnes v. State, No. 36705
...preserved for review. See also Etchieson v. Texas, 84 S.Ct. 1932, wherein the judgment of this Court in Etchieson v. State, Tex.Cr.App., 372 S.W.2d 690, was vacated by a per curiam opinion citing Aguilar v. Texas, On Remand from United States Supreme Court. MORRISON, Judge. The offense is p......
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Mayfield v. State, No. 36903
...sufficient by this Court to show probable cause in Giacona v. State, 169 Tex.Cr.R. 101, 335 S.W.2d 837; Etchieson v. State, Tex.Cr.App., 372 S.W.2d 690, and Aguillar v. State, 172 Tex.Cr.R. 629, 362 S.W.2d This Court must yield, however, to the majority holding of the Supreme Court of the U......
-
Eisenhauer v. State, No. 149-85
...mere conclusions are insufficient presaged all contemporaneous decisions in similar search warrant litigation, viz: Etchieson v. State, 372 S.W.2d 690 (Tex.Cr.App.1963), judgment vacated and cause remanded, 378 U.S. 589, 84 S.Ct. 1932, 12 L.Ed.2d 1041 (1964), on remand, 382 S.W.2d 478 (Tex.......
-
Acosta v. State, No. 39454
...with personal knowledge and failed to indicate any source of complainant's belief. The affidavit in Etchieson v. State, Tex.Cr.App., 372 S.W.2d 690, 'My belief as aforesaid is based on the following facts: '(A) I have been informed of the existence of the foregoing set out facts by reliable......
-
Barnes v. State, No. 36705
...preserved for review. See also Etchieson v. Texas, 84 S.Ct. 1932, wherein the judgment of this Court in Etchieson v. State, Tex.Cr.App., 372 S.W.2d 690, was vacated by a per curiam opinion citing Aguilar v. Texas, On Remand from United States Supreme Court. MORRISON, Judge. The offense is p......
-
Mayfield v. State, No. 36903
...sufficient by this Court to show probable cause in Giacona v. State, 169 Tex.Cr.R. 101, 335 S.W.2d 837; Etchieson v. State, Tex.Cr.App., 372 S.W.2d 690, and Aguillar v. State, 172 Tex.Cr.R. 629, 362 S.W.2d This Court must yield, however, to the majority holding of the Supreme Court of the U......