Hill v. State
| Decision Date | 24 November 1982 |
| Docket Number | No. 492-82,492-82 |
| Citation | 641 S.W.2d 543 |
| Parties | Deloyd HILL, Jr., Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Allen C. Isbell, Houston, on appeal only, for appellant.
John B. Holmes, Jr., Dist. Atty. & Winston E. Cochran, Jr., & Kay Burkhalter, Asst. Dist. Atty's., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., State's Atty., Austin, for the State.
Before the court en banc.
OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
Trial was before the jury upon appellant's plea of not guilty of rape. After the jury found appellant guilty, the court found that he had been convicted of one prior felony. Punishment was assessed at ninety-nine years. The conviction was affirmed by the Court of Appeals for the Fourteenth Supreme Judicial District. We granted appellant's petition for discretionary review in order to examine the Court of Appeals' holding that appellant's motion to suppress was inadequate, its opinion stating
The Court further noted that if the umbrella, seized as the fruit of an illegal arrest, was improperly admitted, the error was harmless beyond a reasonable doubt.
The prosecutrix made an unequivocal identification of appellant as the person who raped her on December 29, 1979 and forced her to leave her apartment with him. Appellant held an umbrella in his hand and used it in a threatening manner. A neighbor, Chester Halliburton, identified appellant as the person seen leaving the apartment with the prosecutrix at the time in question.
The next day, the prosecutrix spotted appellant. Her husband's brothers went looking for appellant and found him, effecting a citizen's arrest. Appellant, who was eventually turned over to the Houston Police Department, was carrying the umbrella when arrested.
Before trial, appellant sought to have the umbrella excluded. To that end he filed, "Defendant's Motion to Suppress and Return Evidence Obtained By Unlawful Search and Seizure." In support of his motion, appellant noted, "The Defendant was arrested in Houston, Harris County, Texas, on December 30, 1979, at gunpoint by private citizens acting as vigilantes without legal process in that the Defendant had not committed any offense in the presence of or in the view of the arresting private citizens." (Emphasis added).
Art. 14.01, V.A.C.C.P. provides:
In Zillender v. State, Tex.Cr.App., 557 S.W.2d 515, 517, we stated:
"... [A] number of exceptions to the general...
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