Hineline v. State, 47850
| Decision Date | 19 December 1973 |
| Docket Number | No. 47850,47850 |
| Citation | 502 S.W.2d 703 |
| Parties | Arthur B. HINELINE, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Thomas A. Autry, Austin, for appellant.
Robert O. Smith, Dist. Atty., Charles Craig, Asst. Dist. Atty., Austin, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.
The offense is possession of marihuana; the punishment, set by the court, seventeen (17) years.
In his sole ground of error appellant contends that the evidence is insufficient to show that he possessed marihuana.
At approximately 8:30 p.m. on October 3, 1972, several members of the Austin Police Department, armed with a search warrant, went to a residence located at 5412 Avenue G in Austin. Upon arriving they observed four persons sitting on the front porch, one of whom was appellant. These four were taken inside the residence where five more people were discovered seated in the living room. A tenth person arrived while the search was in progress.
A search of the premises was conducted and quantities of marihuana were found in the garage, in a dresser in one of the bedrooms, in a shaving kit in the bathroom, and in the bathtub. A homestead affidavit in appellant's name, relating to the property in question, was discovered on top of the dresser in which marihuana was discovered, and there were photographs on the dresser, several of which pictured appellant. The closet in this same bedroom with this dresser contained several leather jackets. A cardboard box found in the garage, which contained a brown paper wrapper which was later shown to have marihuana residue on it, had appellant's name and address written on the top of the box.
Of the ten persons at the residence at the time of the search, only appellant and a David Montgomery were subsequently charged with an offense. The testimony of the police officers who conducted the search reflects that no marihuana was found on the person of any of those present, that no one was observed smoking marihuana, and that there was no odor of marihuana in the house. There was no testimony which directly linked appellant with any of the clothing in the closets, other than the fact that there were several new leather jackets 'large enough to fit the defendant', and that appellant was a salesman of leather jackets.
The Supervisor of Customer Accounts for Southern Union Gas Co. in Austin testified that gas service for 5412 Avenue G was in the name of appellant on October 3, 1972. The manager of the Water and Light Department for the City of Austin testified that on October 3, 1972, water and light service was in the name of the appellant. Additionally, a warranty deed and deed of trust placing title to the property at 5412 Avenue G...
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Foster v. State
...fact of this matter is now shown by evidence presented in trial, see ante, we pretermit further discussion of it.16 In Hineline v. State, 502 S.W.2d 703 (Tex.Cr.App.1973) a homestead affidavit, along with evidence of title, helped establish affirmative linkage, id., at 705.17 Among a host o......
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...exercised some degree of dominion and control over it. Hernandez v. State, 538 S.W.2d 127, 130 (Tex.Cr.App.1976); Hineline v. State, 502 S.W.2d 703, 705 (Tex.Cr.App.1973). Among the facts and circumstances which the Court of Criminal Appeals has considered, along with others, as linking the......
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Williams v. State, s. 50090
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Harrison v. State, 53609
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