Moreno v. State, 32432

Decision Date23 November 1960
Docket NumberNo. 32432,32432
Citation341 S.W.2d 455,170 Tex.Crim. 410
CourtTexas Court of Criminal Appeals
PartiesJuan Ruiz MORENO, Appellant, v. STATE of Texas, Appellee.

Clyde W. Woody, Houston, for appellant.

Dan Walton, Dist. Atty., Samuel H. Robertson, Jr., Erwin G. Ernst, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is the unlawful possession of heroin; the punishment, 35 years.

Officers made a search of appellant's home at 4610 Weaver Street and also searched the premises which the evidence shows was occupied by appellant's mother and brother, at 4605 Plagg Street.

In the toilet located in a small building in the rear of the Plagg Street house, which was also adjacent to the rear but offset from the premises of appellant, the officers found eight papers of heroin.

Appellant came to the rear of his home while the search was in progress and started running away, but was arrested and thereafter signed a voluntary statement confessing his ownership of the heroin and stating that he had hidden it in the toilet on his mother's premises where it was found.

The searches were made under authority of two search warrants describing the respective premises. The first warrant directed the search of the premises at 4610 Weaver Road. After describing the premises the warrant recited '* * * and being the building, house or place of Juan R. Moreno, a Mexican male, and other person or persons unknown to the affiants by name, identity, or description.'

The second warrant directed the search of the building and outbuilding located at 4605 Plagg Street, in the City of Houston, and further recited 'and being the building, house or place of unknown Mexican male and unknown Mexican female and other person or persons unknown to the affiants by name, identity or description.'

In addition to objecting to the evidence relating to the search and the fruits thereof, appellant objected to the introduction of his confession, contending that it was obtained as a result of his illegal arrest.

As we understand the record, the trial judge ruled that the portions of the search warrants above quoted were void because in the disjunctive. We do not agree. Similar warrants were found sufficient in Moses v. State, Tex.Cr.App., 328 S.W.2d 885; King v. State, Tex.Cr.App., 335 S.W.2d 378; and Tomlin v. State, Tex.Cr.App., 338 S.W.2d 735.

We do agree that the trial judge was correct in admitting the evidence relating to the search and the fruits thereof, and in admitting appellant's confession.

The trial court's rulings being correct,...

To continue reading

Request your trial
36 cases
  • Laca v. State, 08-93-00016-CR
    • United States
    • Texas Court of Appeals
    • January 26, 1995
    ...v. State, 743 S.W.2d 645, 651-52 (Tex.Crim.App.1988); Spann v. State, 448 S.W.2d 128, 130 (Tex.Crim.App.1969); Moreno v. State, 170 Tex.Crim. 410, 341 S.W.2d 455, 456 (1960). This principle holds true even though the trial judge gives the wrong reason for his decision, Salas v. State, 629 S......
  • Musick v. State
    • United States
    • Texas Court of Appeals
    • September 15, 1993
    ...to the case, it will be sustained. Romero, 800 S.W.2d at 543; Spann v. State, 448 S.W.2d 128 (Tex.Crim.App.1969); Moreno v. State, 170 Tex.Crim. 410, 341 S.W.2d 455 (1960); Calloway v. State, 743 S.W.2d 645 (Tex.Crim.App.1988). This principle holds true even though the trial judge gives the......
  • Schepps v. State, 40895
    • United States
    • Texas Court of Criminal Appeals
    • January 24, 1968
    ...shown and no error presented. Travis v. State, Tex.Cr.App., 416 S.W.2d 417. McLain v. State, Tex.Cr.App., 383 S.W.2d 407; Moreno v. State, Tex.Cr.App., 341 S.W.2d 455. Appellant's thirteenth ground of error is that several of the State's witnesses made unresponsive and harmful answers to qu......
  • Calloway v. State
    • United States
    • Texas Court of Criminal Appeals
    • January 27, 1988
    ...Miles v. State, 488 S.W.2d 790 (Tex.Cr.App.1972). See also Parsons v. State, 271 S.W.2d 643 (Tex.Cr.App.1954); Moreno v. State, 341 S.W.2d 455 (Tex.Cr.App.1960); Venable v. State, 397 S.W.2d 231 (Tex.Cr.App.1966), cert. den., 384 U.S. 266, 86 S.Ct. 1477, 16 L.Ed.2d 525; Smith v. State, 475 ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT