Oler v. State
| Decision Date | 22 April 1964 |
| Docket Number | No. 36645,36645 |
| Citation | 378 S.W.2d 857 |
| Parties | Wendell Hollis OLER, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
James E. Bock, Dallas, Phil Burleson, Dallas, (on appeal only), for appellant.
Henry Wade, Dist. Atty., C. M. Turlington, Asst. Dist. Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is the possession of morphine with two prior felony convictions alleged for enhancement under Article 63, Vernon's Ann.P.C.; the punishment, life.
Officers Cavender and Green testified that on the day in question they were looking for appellant and observed him as he backed out of a parking lot, that he proceeded in a northerly direction for a short distance and then made a U-turn, that they continued in pursuit, and that appellant brought his automobile to a halt, got out on the passenger's side, ran across a parking lot adjacent to a liquor store, and into a vacant lot before they were able to apprehend him. They stated that just as one of them tackled appellant, some white pills and a small match box fell from his hand, and as they raised appellant to his feet and were in the process of placing handcuffs upon him, appellant attempted to stomp the white pills and the match box into the ground. They, along with Officer Maze, who was also present, retrieved the pills and in turn submitted them to the Criminal Investigation Laboratory. Dr. Mason testified that the pills contained morphine.
The prior convictions were established.
Appellant did not testify, but recalled the arresting officers and fully questioned them further concerning their original testimony.
Appellant's attorney on appeal raised two contentions. His first is that the court erred in permitting proof as to other prior convictions not alleged in the indictment. Appellant's trial counsel did not object on such grounds at the time such proof was made, and therefore, nothing is presented for review in this Court.
Appellant's next contention is that he was denied due process when the State was permitted to read to the jury the indictment containing the recitation of the two prior convictions and to establish proof as to them before hearing evidence and determining appellant's guilt as to the primary offense. This question was first discussed by this Court, and decided contrary to appellant's contention, in Redding v. State, 159 Tex.Cr.R. 535, 265 S.W.2d 811, 815....
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Smith v. State
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