Rodriguez v. State
| Decision Date | 13 November 1963 |
| Docket Number | No. 36060,36060 |
| Citation | 373 S.W.2d 258 |
| Parties | Jacinto H. RODRIGUEZ, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Joseph L. Nanus, McAllen, for appellant.
R. L. Lattimore, Dist. Atty., Oscar B. McInnis, Asst. Dist. Atty., Edinburg, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is the possession of marihuana; the punishment, 10 years confinement in the state penitentiary.
Richard Harlan, Narcotic Agent for the Department of Public Safety, testified that on the 15th day of January, 1963, at about 3:00 P.M., he was taking Officer George Salinas of the McAllen Police Department to show him where three cases of beer were cached in the brush in a non-populated area in the southwest section of McAllen, which the police would stake out to see who owned the beer. While proceeding in that vicinity, he and Officer Salinas noticed a 1953 Oldsmobile automobile without a front license plate parked facing the approaching officers on the left side of the street. The Oldsmobile pulled away at a high rate of speed, the officers in pursuit. After a short chase, the car was forced off the road and to a halt. Officer Salinas stepped out in uniform and told the two occupants of the Oldsmobile to, Thereupon the Oldsmobile sped away at a high rate of speed, the officers about 20 feet behind pursuing. The appellant was recognized as the driver of the car, and the other occupant, (sitting in the front on the right), was later identified as Agustin Delgado. While pursuing the appellant and his companion, the officers observed Delgado roll down the right front window and throw out a small package. At this time, Officer Salinas fired a warning shot which struck the car, and it stopped. The officers recovered the package which was found to contain three 'cartouches' of marihuana. The appellant and his companion were placed under arrest; the car was searched and marihuana traces were found in torn places of the front seat under where the driver was sitting, on the rear seat and scattered about in the automobile. The testimony of Officer Salinas was substantially the same as that of the narcotic agent. A chemist for the Department of Public Safety identified the substance as being marihuana and further testified that the three cartouches of marihuana contained 19.7 grams, or roughly enough marihuana to make sixty cigarettes. The...
To continue reading
Request your trial
-
Castillo v. State
...participate.1 The State may adduce its testimony as it sees fit; it may or may not agree to the stipulation. See Rodriguez v. State, 373 S.W.2d 258, 259 (Tex. Crim. App. 1963), accord Jones v. State, 843 S.W.2d 487, 500-01 (Tex. Crim. App. 1992); Buitron v. State, 519 S.W.2d 467, 471 (Tex. ......
-
Kwant v. State, 44218
...Tex.Cr.R. 502, 335 S.W.2d 610; Ochoa v. State, Tex.Cr.App., 444 S.W.2d 763; Vela v. State, Tex.Cr.App., 365 S.W.2d 15; Rodriguez v. State, Tex.Cr.App., 373 S.W.2d 258 and Ellis v. State, Tex.Cr.App., 456 S.W.2d The appellant strenuously argues he was not shown to have knowledge that the sac......
-
Turner v. State
...on the two deceased. This Court has held that the State may not be limited in its proof by an offer to stipulate, Rodriguez v. State, Tex.Cr.App., 373 S.W.2d 258. They were entitled in a murder case to show the course of the bullet. Whaley v. State, Tex.Cr.App., 367 S.W.2d 703, relied upon ......
-
Buitron v. State
...so as to make it inadmissible. The State may agree or not to offers for stipulation of evidence as it sees fit. Rodriquez v. State, 373 S.W.2d 258 (Tex.Cr.App.1963); Thompson v. State, 170 Tex.Cr.R. 258, 339 S.W.2d 209 (1960). Certainly the fact that the appellants offered to stipulate conc......