Pace v. State, 43401
| Decision Date | 25 November 1970 |
| Docket Number | No. 43401,43401 |
| Citation | 461 S.W.2d 409 |
| Parties | Charles Rudolph PACE, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Howard B. Law, Dallas, for appellant.
Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
The conviction is for the possession of marihuana; the punishment, ten years.
The appellant contends that the trial court erred in admitting in evidence the marihuana found in his automobile over his objection that it was obtained as the result of an illegal search and seizure.
The evidence reveals that Officer Stroud of the Dallas Police Department about 11 p.m., while at Gaston Avenue at Hall Street observed a red Pontiac run a red traffic light while it was going north on Hall Street; that the Pontiac had a loud muffler and was travelling at an excessive rate of speed. Stroud pursued and used the red lights on his car to stop the Pontiac and identified the appellant at the trial as the driver of the Pontiac. When the appellant stopped, he immediately left his car and walked briskly toward Stroud's car until Stroud asked him to stop. The appellant exhibited his driver's license, appeared very nervous, and told Stroud he was driving the car and was alone in the car. Stroud asked appellant to step upon the curb out of the traffic lane. Appellant continued to be nervous and seemed to get more so as they talked. On a search of appellant by Stroud for his own protection, as Stroud testified, no weapons were found. As Stroud began walking toward appellant's car, the appellant followed him but stopped and stepped back to the police car at Stroud's request. When Stroud started walking again to appellant's car, the appellant again followed Stroud. Appellant was still nervous as he again followed Stroud. Stroud concluded that from the appellant's actions and conduct he was trying to keep Stroud away from his car and was acting as if there was something in his car that he didn't want Stroud to see or find. When Stroud asked appellant the second time to step back to Stroud's car, the appellant did so. But when Stroud again started to appellant's car, the appellant began following him again. At this time Stroud placed appellant in the police squad car and closed the door. Stroud concluded that there was something that appellant did not want him to see or find in his car.
In the unlocked glove compartment of appellant's car Stroud found an Ohio Blue Tip matchbox and a package of cigarette wrapping paper. In the matchbox Stroud found a green vegetable-like substance which appeared to be marihuana. When Stroud found the matchbox and the cigarette wrappings, he discovered that appellant was looking over his shoulder while standing about two feet behind him. As Stroud opened the...
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