Salinas v. State, 26932
| Decision Date | 07 April 1954 |
| Docket Number | No. 26932,26932 |
| Citation | 266 S.W.2d 388,159 Tex.Crim. 619 |
| Parties | SALINAS v. STATE. |
| Court | Texas Court of Criminal Appeals |
Earl Earp, Monahans, for appellant.
Wesley Dice, State's Atty., Austin, for the State.
DAVIDSON, Commissioner.
This is a conviction for possessing marijuana; the punishment, two years in the penitentiary.
A search of appellant's residence revealed three separate containers of marijuana, consisting of a mixture of stems, leaves, and seeds.
Whether the search of the residence was or was not authorized need not be determined, for appellant, testifying as a witness in his own behalf, admitted the possession of the marijuana and claimed that he possessed it for medicinal purposes.
Having admitted the possession of the marijuana, appellant was in no position to complain of proof of that same fact by the officers. Soble v. State, 153 Tex.Cr.R. 629, 218 S.W.2d 195; Schaefer v. State, 121 Tex.Cr.R. 220, 53 S.W.2d 302; Johnson v. State, 118 Tex.Cr.R. 293, 42 S.W.2d 421.
The other questions briefed by appellant all center around the question above discussed and are determined thereby.
No error appearing, the judgment is affirmed.
Opinion approved by the court.
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MacKenna v. Ellis
...to complain of the search and admission of the articles in evidence. Soble v. State, Tex.Cr.App., 218 S.W.2d 195 and Salinas v. State, 159 Tex.Cr.R. 619, 266 S.W.2d 388." MacKenna v. State, 1957, 301 S.W.2d 657, If we assume that the arrest and search were illegal, we are nevertheless of th......
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Perez v. State, 38757
...position to object to the search on the ground that it was illegal. Soble v. State, 153 TexCr.R. 629, 218 S.W.2d 195; Salinas v. State, 159 Tex.Cr.R. 619, 266 S.W.2d 388; Clough v. State, 161 Tex.Cr.R. 454, 278 S.W.2d 847; Benavidez v. State, 164 Tex.Cr.R. 82, 296 S.W.2d Error is urged to t......
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Hudson v. State
...in evidence. Soble v. State, 153 Tex.Cr.R. 629, 218 S.W.2d 195; Spencer v. State, 154 Tex.Cr.R. 106, 225 S.W.2d 174; Slinas v. State, 159 Tex.Cr.R. 619, 266 S.W.2d 388; Benavidez v. State, 164 Tex.Cr.R. 82, 296 S.W.2d 774; 13A Tex.Dig.Crim.Law k1169(3)c, p. 537; 5 Tex.Jur.2d, Sec. 446, pp. ......
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Mackenna v. State
...to complain of the search and admission of the articles in evidence. Soble v. State, Tex.Cr.App., 218 S.W.2d 195 and Salinas v. State, 159 Tex.Cr.R. 619, 266 S.W.2d 388. We find no error in the Court's refusal to grant appellant's motion for new trial on the ground he had new evidence to sh......