Houston v. State
| Decision Date | 08 May 1968 |
| Docket Number | No. 41248,41248 |
| Citation | 428 S.W.2d 353 |
| Parties | Nathaniel HOUSTON, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
D. C. Gandy, Fort Worth, for appellant.
Frank Coffey, Dist. Atty., Gordon Gray, Wayne E. Roberts and Truman Power, Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is robbery; the punishment, twenty-five years.
Ground of error No. 1 is that reversible error was committed in admitting testimony showing the fruits of the search following the arrest of the appellant without a warrant and without probable cause.
The testimony of the state reveals that about 7 a.m., June 10, 1967, Glen Martin, was awakened while asleep in his automobile in a park in Fort Worth by three men, one of whom held a pistol pointed toward Martin, with the other two standing beside and just behind him. The man with the pistol removed some money from Martin's trousers pocket, without his consent, and while he was in fear of his life and serious bodily injury. At this time there was $105 in money in a bag on the dash board of Martin's car, but there is no evidence showing when it was taken. While testifying, Martin identified the appellant as one of the three men who stood near him when the money was taken from his pocket. The men forced Martin into the rear seat of the car and to the floor and placed a cover over him. The appellant held Martin's shotgun, which Martin had in the car, against Martin's head as they drove Martin's car from the park. After traveling some distance, they stopped on a road in Dallas County, tied Martin's hands behind him, pulled him out of the car and shoved him down in a ditch and told him to stay there, and then they drove away in Martin's car. Martin testified that it was about one or one and one-half minutes from the time he was shoved into the ditch until Officer Cox, who was in the first car that came along the road, picked him up.
J. D. Cox, Police Sergeant in the Dallas Police Reserve, testified that about 10 or 10:30 a.m., June 10, 1967, he saw Glen Martin walking along a road with socks on his feet, but without shoes and with his hands tied behind him; that Martin appeared nervous at the time, and told him he had been 'highjacked' and his car stolen, and it had been just a very few minutes since they drove away in his car; that he drove about one-half mile to a telephone and notified the Dallas Police Department who put it on their radio broadcast. At this time Cox stopped Officer Wafter who was passing in a squad car, and turned the investigation over to him. Martin gave Cox a description of his car, and on Cox going about one-fourth mile after he left Wafter and Martin he saw a car parked beside the road with the hood up but unoccupied; that on returning along this road in a brief time he saw the appellant and two other men with a deputy sheriff about one-half mile south of the place where Martin's car was found.
Deputy Sheriff McMains testified that while on patrol on the morning of July 10, 1967, in a car with a two-way radio he received a police radio broadcast describing three men wanted by the Dallas Police Department; that shortly after the broadcast he saw three men walking along a road; and that he arrested them and held them in custody until other officers arrived. While testifying, McMains identified the appellant as one of the three men he arrested. In the absence of the jury, McMains further testified that the description given in the radio broadcast of three men in the area where he was on patrol fit the description of the three men he saw walking along the road about one mile from a car he had seen parked beside the road before he saw the...
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