Pelham v. State, No. 28695

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Writing for the CourtDAVIDSON; WOODLEY
Citation298 S.W.2d 171,164 Tex.Crim. 226
Docket NumberNo. 28695
Decision Date06 February 1957
PartiesJoel Dean PELHAM, Appellant, v. The STATE of Texas, Appellee.

Page 171

298 S.W.2d 171
164 Tex.Crim. 226
Joel Dean PELHAM, Appellant,
v.
The STATE of Texas, Appellee.
No. 28695.
Court of Criminal Appeals of Texas.
Feb. 6, 1957.

[164 Tex.Crim. 227]

Page 172

William H. Scott, Jr., Houston, for appellant.

Dan Walton, Dist. Atty., Eugene Brady, Thomas D. White, Assts. Dist. Atty., Houston, and Leon Douglas, State's Atty., Austion, for the State.

DAVIDSON, Judge.

This is a conviction for the unlawful possession of marijuana.

Appellant was the driver of an automobile which police officers of the city of Houston saw run a red light. The officers pursued and stopped the automobile. There were three other occupants in the car. The automobile was the property of the mother of Mantooth, who was seated by the side of appellant. The other two occupants were on the back seat.

As the police officers pursued the automobile, someone on the back seat was seen to shake newspapers out the window of the car and then throw out the newspapers. What was flying from the newspapers was not identified other than as being 'dust of some type.' A search of the vicinity where the dustings were thrown from the car revealed nothing.

One of the officers testified that when he put his head in the car he smelled 'burning marijuana' and that on the rear seat of the car there was found a small quantity of dustings and seed of marijuana.

All the parties in the automobile were arrested and taken to the police station. A search of their respective persons and an examination of the clothing of appellant's three companions revealed no marijuana.

[164 Tex.Crim. 228] One of the officers scraped some dustings from appellant's right front pants pocket with a knife. With the aid of a microscope, a chemist was able to find particles of marijuana among the scrapings. He was unable, however, to express any opinion as to the amount or weight of the marijuana particles found in the scrapings. He would not express the opinion that there was as much as a grain of marijuana therein.

It is a reasonable interpretation of the facts that the amount of marijuana found in the particles scraped from appellant's pocket was infinitesimal.

In submitting this case to the jury the trial court defined the term 'possession' as being 'the actual personal control, care and management of the marijuana alleged to have been possessed.'

Under such definition, any marijuana that was found upon the rear seat of the automobile, being therefore not in appellant's personal care, was thereby eliminated from consideration.

Moreover, this case was not submitted upon nor was appellant's guilt in...

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69 practice notes
  • Judd v. State, No. 1197
    • United States
    • Supreme Court of Alaska (US)
    • March 11, 1971
    ...v. United States, 227 A.2d 395, 397-398 (D.C.Mun. Ct.App.1967); State v. Moreno, 92 Ariz. 116, 374 P.2d 872 (1962); Pelham v. State, 298 S.W.2d 171, 173 (Tex.Civ.App. 16 478 P.2d 822 (Alaska 1971). 17 469 P.2d 682 (Alaska 1970). 18 Alaska Sup.Ct.R. 9(e), 11(a) (6). Appellant has not filed a......
  • King v. State, No. 900-93
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • March 29, 1995
    ...this Court has addressed possession cases in which the amount of the substance was too small to be seen or measured. See Pelham v. State, 298 S.W.2d 171 (Tex.Crim.App.1957); Greer v. State, 163 Tex.Crim. 377, 292 S.W.2d 122 (1956). In Pelham, we held that the amount of substance possessed m......
  • State v. Vance, Nos. 6078
    • United States
    • Supreme Court of Hawai'i
    • November 13, 1979
    ...v. United States, 227 A.2d 395 (D.C.App.1967); Watson v. State, 88 Nev. 196, 495 P.2d 365 (1972); Pelham v. State, 164 Tex.Cr.R. 226, 298 S.W.2d 171 (1957). These cases involved statutes that were silent as to the quantity of drug necessary to constitute a violation. In People v. Leal, supr......
  • Cooper v. State, No. 2--773A170
    • United States
    • Indiana Court of Appeals of Indiana
    • November 30, 1976
    ...v. Moreno (1962), 92 Ariz. 116, 374 P.2d 872; Edelin v. U.S. (D.C. 1967), 227 A.2d 395; Pelham v. State (1957), 164 Tex.Cr.App. 226, 298 S.W.2d 171. 7 People v. Leal (1966), 64 Cal.2d 504, 50 Cal.Rptr. 777, 413 P.2d 665; People v. Aguilar (1963), 223 Cal.App.2d 119, 35 Cal.Rptr....
  • Request a trial to view additional results
69 cases
  • Judd v. State, No. 1197
    • United States
    • Supreme Court of Alaska (US)
    • March 11, 1971
    ...v. United States, 227 A.2d 395, 397-398 (D.C.Mun. Ct.App.1967); State v. Moreno, 92 Ariz. 116, 374 P.2d 872 (1962); Pelham v. State, 298 S.W.2d 171, 173 (Tex.Civ.App. 16 478 P.2d 822 (Alaska 1971). 17 469 P.2d 682 (Alaska 1970). 18 Alaska Sup.Ct.R. 9(e), 11(a) (6). Appellant has not filed a......
  • King v. State, No. 900-93
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • March 29, 1995
    ...this Court has addressed possession cases in which the amount of the substance was too small to be seen or measured. See Pelham v. State, 298 S.W.2d 171 (Tex.Crim.App.1957); Greer v. State, 163 Tex.Crim. 377, 292 S.W.2d 122 (1956). In Pelham, we held that the amount of substance possessed m......
  • State v. Vance, Nos. 6078
    • United States
    • Supreme Court of Hawai'i
    • November 13, 1979
    ...v. United States, 227 A.2d 395 (D.C.App.1967); Watson v. State, 88 Nev. 196, 495 P.2d 365 (1972); Pelham v. State, 164 Tex.Cr.R. 226, 298 S.W.2d 171 (1957). These cases involved statutes that were silent as to the quantity of drug necessary to constitute a violation. In People v. Leal, supr......
  • Cooper v. State, No. 2--773A170
    • United States
    • Indiana Court of Appeals of Indiana
    • November 30, 1976
    ...v. Moreno (1962), 92 Ariz. 116, 374 P.2d 872; Edelin v. U.S. (D.C. 1967), 227 A.2d 395; Pelham v. State (1957), 164 Tex.Cr.App. 226, 298 S.W.2d 171. 7 People v. Leal (1966), 64 Cal.2d 504, 50 Cal.Rptr. 777, 413 P.2d 665; People v. Aguilar (1963), 223 Cal.App.2d 119, 35 Cal.Rptr....
  • Request a trial to view additional results

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