De Leon v. State, 28659
| Decision Date | 02 January 1957 |
| Docket Number | No. 28659,28659 |
| Citation | 164 Tex.Crim. 48,297 S.W.2d 140 |
| Parties | Jesse V. DE LEON, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
M. Gabriel Nahas, Jr., Houston, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for the possession of marihuana; the punishment, two years in the penitentiary.
The testimony of two police officers shows that on February 17, 1956, they went to a house located at 3908 Bering Street where the appellant lived to execute a search warrant. Shortly after their arrival, appellant drove into the driveway; they approached him, placed him under arrest, and gave him the search warrant as they entered the house. They searched appellant's room which had two closets--one in the bedroom and one in the bathroom just off the bedroom. In the closet in the bedroom over the door facing they found a small white bundle which contained three hand-rolled cigarettes. It was shown that the cigarettes were wrapped in the lower half of a sales slip which bore a number which corresponded to a number on the top half of a sales slip bearing the name of Jesse V. DeLeon with the address of 3908 Bering Street found in the drawer of a dresser in appellant's room. Appellant told Officer Chavez that the 'stuff' in the dresser drawer belonged to him. They also found dustings in the pockets of two shirts bearing initials J.V.D., and the appellant told the officers the shirts were his. One of the shirts was in the closet in the bedroom and the other in the closet in the bathroom.
The state proved by a chemist that the substances in each of the three cigarettes and that found in each of the shirt pockets contained marihuana.
Appellant, testifying in his own behalf, stated that he lived with Alfred Centeno in the room of the house in question at 3908 Bering Street; that Alfred Centeno used the closet in the bedroom and that he used the closet in the bathroom. He further testified that he did not see the officers find three cigarettes; that they asked him about two or three shirts which he told them belonged to him but he did not see them remove any dustings from any of the shirt pockets. He also testified that he told the officers that he just boarded there and that several other persons lived in the house.
On cross-examination appellant testified that he had lived in the house at 3908 Bering Street for two years and was living in the room in question on the day of the search and had been for about one year and never placed any of his clothing in the closet in the bedroom but used the closet in...
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Payne v. State
...the contraband is found. Evans v. State, Tex.Cr.App., 456 S.W.2d 911; King v. State, 169 Tex.Cr.R. 34, 335 S.W.2d 378; De Leon v. State, 164 Tex.Cr.R. 48, 297 S.W.2d 140. Moreover, the defendant's actions toward the contraband or the police may demonstrate his intent to violate the statute.......
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Lee v. State
...for review. Bailey v. State, 157 Tex.Cr.R. 315, 248 S.W.2d 144; Williams v. State, 159 Tex. Cr.R. 487, 264 S.W.2d 731 and DeLeon v. State, Tex.Cr.App., 297 S.W.2d 140. This is so because the validity of a search warrant is a question of law. Having secured a ruling from the trial court that......
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Montgomery v. State
...for review. Bailey v. State, 157 Tex.Cr.R. 315, 248 S.W.2d 144; Williams v. State, 159 Tex.Cr.R. 487, 264 S.W.2d 731; DeLeon v. State, Tex.Cr.App., 297 S.W.2d 140 and Lee v. State, Tex.Cr.App., ---- S.W.2d We have examined the remaining informal bills of exception appearing in the statement......
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Flores v. State, 31857
...would not render the finding of them illegal and therefore, no error was shown by their introduction into evidence. De Leon v. State, Tex.Cr.App., 297 S.W.2d 140. The other contentions presented have been considered and they do not show The judgment is affirmed. Opinion approved by the Court. ...