Ex parte Droppleman, 35235
Decision Date | 07 November 1962 |
Docket Number | No. 35235,35235 |
Parties | Ex parte William B. DROPPLEMAN. |
Court | Texas Court of Criminal Appeals |
Charles William Tessmer, Dallas, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
Petitioner, an inmate of the Texas Prison System, brings this application for writ of habeas corpus directly in this Court alleging that upon his plea of guilty in the Criminal District Court of Travis County to an indictment charging him with possessing a narcotic drug, to-wit, morphine, 'the prosecution wholly failed to introduce any evidence of guilt as to the fact that your Petitioner possessed a narcotic drug * * *' and, further, that such failure 'constitutes fundamental error and renders the judgment of conviction and sentence thereon void and subject to collateral attack.' His application was ordered filed and set for submission on the question of whether the writ should issue.
The statement of facts adduced upon the hearing of the plea of guilty in the trial court accompanies the application, and we must determine from it if Article 12, Vernon's Ann.C.C.P., has been complied with and if any evidence was introduced in support of such plea.
Lieutenant Gann, in charge of the narcotic detail of the Austin police department, with five years' experience in this specialized field and 15 years' experience in police work, testified that on the day in question, armed with a search warrant, he went to appellant's home and upon entering found petitioner in a stupor; that they woke him up, informed him as to the search warrant, and we quote from his testimony as follows:
This was followed by certain hearsay testimony, admitted without objection, concerning the results of the tests made at the Department of Public Safety, but which is not here set forth because not taken into consideration in reaching the conclusion we here express.
It should be noted that Lieutenant Gann was cross examined only as to the search warrant, no objections were interposed to any of his testimony, and petitioner called no witnesses in his own behalf.
We now test that which has been set forth above in the light of petitioner's contention.
In II Wigmore (3rd Ed.), Evidence, Sec. 475, p....
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Higginbotham v. State
...may be considered in construing the judgment and sentence. See Garcia v. State, 453 S.W.2d 822 (Tex.Cr.App.1970) and Ex Parte Droppleman, 362 S.W.2d 853 (Tex.Cr.App.1963). When the judgment and sentence are construed in light of the allegations of the indictment they are sufficient. These g......
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Satery v. State, 42521
...134 S.W.2d 287; Alcala v. State, 163 Tex.Cr.R. 453, 293 S.W.2d 645; Miller v. State, 168 Tex.Cr.R. 570, 330 S.W.2d 466; Ex parte Droppleman, Tex.Cr.App., 362 S.W.2d 853. Excluding the stipulated evidence complained of by the appellant, the evidence is sufficient to sustain the conviction. A......
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Haggerty v. State, 45972
...particular substance' after the date in question. We perceive no error in the admission of Officer Hardy's testimony. Ex parte Droppleman, Tex.Cr.App.,362 S.W.2d 853. Further, we have the testimony of Chemist Berens who was shown to be fully qualified and no issue of fact was raised as a re......
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Kelley v. State, 09-88-297
...the controlled substance by name and, since the judgment in his case does not do so, then the judgment is void. In Ex parte Droppleman, 362 S.W.2d 853 (Tex.Crim.App.1962), the judgment was attacked as being void because that judgment recited that the court below had found the petitioner, Dr......