Martinez v. State, 39753
| Decision Date | 26 October 1966 |
| Docket Number | No. 39753,39753 |
| Citation | 407 S.W.2d 504 |
| Parties | Guadalupe Soliz MARTINEZ, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
R. B. Fogle, Jr., Houston, for appellant.
Carol S. Vance, Dist. Atty., Ted Hirtz and Donald M. Keith, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is unlawful possession of a narcotic drug, to-wit, heroin; the punishment, ten years confinement in the Texas Department of Corrections.
While the facts are conflicting, we feel that since the jury resolved them in favor of the state and rejected the appellant's version of the transaction, we shall adopt the state's version of the testimony.
Officer Garcia and other officers had the apartment where appellant lived under surveillance from about 11:00 a.m on the date in question until around 2:00 p.m. During this interval the officers observed several known narcotic addicts come and go to the apartment. Officer Garcia radioed Officer Chavez and another officer to come and relieve them and take over the surveillance while Garcia and Officer Tissue went to get a search warrant. Officer Chavez and the other officer arrived and set up their surveillance, parking about one-half block down from the apartment unit occupied by appellant, watching the apartment where appellant lived. Officer Garcia obtained the search warrant and an arrest warrant from Justice of the Peace Jack Treadway and then radioed to Officer Chavez that he was in possession of the warrants. It was at this time that Officer Chavez told Officer Garcia that appellant and his wife had left their apartment. Garcia then told Chavez to stop them. The couple were stopped and detained until Garcia arrived about ten minutes later. The pair were in custody of Officer Chavez. All parties then proceeded to the apartment, entered, and it was at this juncture that appellant took out four grams of heroin from behind the cover plate of the light switch in the dining room area and gave it to Officer Chavez. The appellant also took the cover off the bottom of the refrigerator in the kitchen and pulled out an eyedropper with a needle and two tablespoons and handed them to Officer Chavez.
Chemist Floyd McDonald of the Houston Police Department testified that the powdery substance in four envelopes was heroin. He also testified as to the number of shots that could be obtained from such a quantity of heroin.
We find the...
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Wilkerson v. State
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...the testimony into terms which are understandable by the jury. Guajardo v. State, 378 S.W.2d 853 (Tex.Cr.App.1964); Martinez v. State, 407 S.W.2d 504 (Tex.Cr.App.1966); Acosta v. State, Appellant contends in Ground No. 5 that this cause should be reversed because the witness Alfonso Garza t......
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Franklin v. State, 46294
...and effects of narcotics: McGaskey v. State, Tex.Cr.App., 451 S.W.2d 486; Guajardo v. State, Tex.Cr.App., 378 S.W.2d 853; Martinez v. State, Tex.Cr.App., 407 S.W.2d 504; Acosta v. State, Tex.Cr.App., 403 S.W.2d 434; Beal v. State, Tex.Cr.App., 432 S.W.2d We hold that the chemist was qualifi......
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