Perez v. State, 38182
| Decision Date | 16 June 1965 |
| Docket Number | No. 38182,38182 |
| Citation | 394 S.W.2d 797 |
| Parties | Ambrosio R. PEREZ, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Hope, Henderson & Hohman, by James E. Hope, San Antonio, for appellant.
James E. Barlow, Dist. Atty., M. C. Gonzales, Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for the possession of heroin; the punishment, ten years.
Officer Scholl testified that while on the front porch of a house and about 2 or 3 steps from the door which was partly glass, he saw the appellant and Richard Rivera sitting on the floor in a room and Alicia Gonzales, a girl, was sitting on a couch; that the appellant had something three or four inches long in his hand and Rivera had a finger stall in his hand; and that he saw several objects on the glass portion of a picture frame which was on the floor and within reach of the appellant. At this time a dog began barking, and Rivera came out on the porch. When Rivera saw Scholl, he (Scholl) said Then Rivera 'hollered something in Spanish' and tried to get back into the room but Scholl shoved him toward Officer Duecker. As Scholl entered the room he saw the appellant drop an eye dropper and a needle and run toward the bathroom, into which Officers Ortiz and Duecker pursued him. Alicia Gonzales jumped from the couch and ran toward the picture on the floor as if she were going to get the objects on it, and Scholl grabbed her. Officer Scholl further testified:
Every object in the room, except the picture that was obtained by Scholl, was placed in one of three white envelopes, which were marked for identification, and then the three envelopes were placed in a brown envelope which was sealed and marked for identification. Officer Scholl retained possession of the brown envelope, carried it to Austin, and personally delivered it to Mr. Tullis at the laboratory of the Texas Department of Public Safety.
Roland E. Tullis, chemist and toxicologist for the Department of Public Safety in Austin, testified that he received a package from Officer Scholl, a state narcotic agent, in Austin, which he exhibited and identified at the trial. He further testified that from a chemical analysis which he made of the items contained in the package he determined that:
The testimony of Officers Ortiz and Kral was substantially the same as that of Officer Scholl.
The appellant did not testify but called several witnesses.
Antonia Stein testified that she rented the house in question and was in charge of it;...
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...informant, who is not named, was 'reliable and credible.' A like contention, also presented ably, was overruled by this court in Perez v. State, 394 S.W.2d 797, and in Ex parte Gomez, 389 S.W.2d 308, cert. denied, 386 U.S. 937, 87 S.Ct. 958, 17 L.Ed.2d 810, and by the Federal District Court......
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