Parker v. State, 37366
| Decision Date | 09 December 1964 |
| Docket Number | No. 37366,37366 |
| Parties | Charles Arthur PARKER, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
John Cutler, Houston, for appellant.
Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and Ruben W. Hope, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is possession of a dangerous drug, to wit, barbiturates; the punishment, thirty days in jail.
Appellant, a delivery man for a drug store, was driving in Houston when his truck was observed by a Houston radio patrol officer. The officer testified that the vehicle was speeding. Appellant was 'waived down' and asked to display his driver's license. As appellant searched his billfold for his license, the officer noticed something red inside appellant's closed hand. Upon being questioned as to what was in his hand, appellant replied by displaying two red capsules. The capsules were later analyzed and found to contain a derivative of barbituric acid.
Appellant testified that he had the capsules in his hand when he was stopped by the officer. It was his contention that he had noticed the capsules on the floor of his truck; had picked them up just prior to being stopped, and did not know what they contained. In view of his testimony, the appellant is in no position to complain of the introduction of the capsules in evidence. McCain v. State, Tex.Cr.App., 363 S.W.2d 257; Hudson v. State, 172 Tex.Cr.R. 565, 361 S.W.2d 388.
Appellant complains that the trial court should not have permitted counsel for the state to question him on cross-examination concerning a conviction in 1957 for burglary, wherein he was granted probation of his 5 year sentence which had expired and the conviction had been set aside.
Under the terms of the Adult Probation and Parole Law (Art. 781d Vernon's Ann.C.C.P.) the result of the court's order released the appellant 'from all penalties and disabilities' resulting from the crime of which he had been convicted, 'except that proof of his said conviction * * * shall be made known to the court should the defendant again be convicted of any criminal offense.'
Art. 732a V.A.C.C.P. provides:
'The fact that a defendant in a criminal case, or a witness in a criminal case, is, or has been, charged by indictment, information or complaint, with the commission of an offense against the criminal laws of this State, of the United States, or any other State shall not be admissible in evidence on the trial of any criminal case for the purpose of impeaching any person as a witness unless on trial under such indictment, information or complaint a final conviction...
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Thomas v. State
...admits the existence of those facts or evidence even though he is trying to "explain" the circumstances of those facts: Parker v. State, 384 S.W.2d 712 (Tex.Cr.App.1964) (Defendant testified he had the capsules in his hand thus waiving his objection, even though he went on to explain that h......
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Simmons v. State, 42716
...the record of conviction can be introduced to attack his credibility. Lee v. State, 45 Tex.Cr.R. 51, 73 S.W. 407. See also Parker v. State, Tex.Cr.App., 384 S.W.2d 712, holding that where the defendant on his direct examination testified that he had never been convicted of a felony and on r......
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Stein v. State
...was made upon probable cause. Moulton v. State, Tex.Cr.App., 486 S.W.2d 334; Palmer v. State, Tex.Cr.App., 475 S.W.2d 797; Parker v. State, Tex.Cr.App., 384 S.W.2d 712; Brown v. State, Tex.Cr.App., 457 S.W.2d 917; Tsoi v. State, Tex.Cr.App., 489 S.W.2d 103; Jones v. State, Tex.Cr.App., 484 ......
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Creel v. State
...the search was made upon probable cause. Moulton v. State, Tex.Cr.App., 486 S.W.2d 334; Palmer v. State, 475 S.W.2d 797; Parker v. State, Tex.Cr.App., 384 S.W.2d 712; Brown v. State, Tex.Cr.App., 457 S.W.2d 917; Tsoi v. State, Tex.Cr.App., 489 S.W.2d 103; Jones v. State, Tex.Cr.App., 484 S.......