Hill v. State, 27098
| Decision Date | 03 November 1954 |
| Docket Number | No. 27098,27098 |
| Citation | 278 S.W.2d 842,161 Tex.Crim. 540,75 S.Ct. 773 |
| Parties | James Buchanan HILL, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Charles W. Tessmer, Whitley R. Sessions, Dallas, for appellant.
Wesley Dice, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The offense is possession of a bomb; the punishment, five years in the penitentiary.
L. E. Smith testified that about 10 P.M. on December 6, 1952, near the Prescription Pharmacy, he saw two men standing between his automobile and an Oldsmobile; that both men ran, one going around the Oldsmobile and getting in the back seat thereof and the other man running around to the back of the Oldsmobile and around another automobile while stooped over and carrying a small bag, and then getting into the right front seat of the Oldsmobile; that he then inspected his automobile to determine if anything had been stolen therefrom; that he made a mental note of the license number of the Oldsmobile and left the scene; and that he notified the police officers, described the Oldsmobile and gave them its license number. He further stated that the bag shown him during the trial was about the size of the bag referred to above.
Harold Nelson testified that while on duty as a policeman for the City of Cleburne and accompanied by Policemen Kimbrell and Benson he had a conversation with the witness Smith about 10 P.M. on December 6, 1952, and then they saw two men near the Prescription Pharmacy and also the same automobile described to them by witness Smith with a man sitting under the steering wheel; that the officers turned around and, as they returned toward the Prescription Pharmacy, observed the Oldsmobile moving and saw the two men who were standing in front of the Pharmacy get in the front seat of the Oldsmobile and drive away.
He further testified that they stopped the Oldsmobile about six blocks away and that appellant was driving with Glenn Roach seated in the middle of the front seat and Mack Barnes seated on the right front; that he could smell whiskey on the breath of each of them; that he saw a bag from the outside of the Oldsmobile on the right front floor board, removed it, and found a small cellophane bag in it and identified the substance contained in the cellophane bag as being nitroglycerin; that the bag he removed from the Oldsmobile also contained a wire with a detonating cap, a small wad of cotton, a wire with a detonated cap, a pair of cotton gloves, and an assortment of tools.
Officer Benson testified that when appellant was asked about the bag and its contents he stated that 'the stuff belongs to me' and 'I am just going to take it up here and give it to my relative, my cousin;' and Officer Kimbrell stated 'I heard the man say he was...
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