Sikes v. State, No. 31600
| Court | Texas Court of Criminal Appeals |
| Citation | 334 S.W.2d 440,169 Tex.Crim. 443 |
| Docket Number | No. 31600 |
| Parties | Walton Sayon SIKES, Appellant, v. STATE of Texas, Appellee. |
| Decision Date | 23 March 1960 |
Page 440
v.
STATE of Texas, Appellee.
[169 Tex.Crim. 444]
Page 441
Clyde W. Woody, Carl E. F. Dally, Houston, for appellant.Dan Walton, Dist. Atty., Edward D. Michalek, Samuel H. Robertson, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is for the unlawful possession of marijuana; the punishment, 3 years.
Officer R. D. Smith of the Narcotics Division of the Houston Police Department testified that on the day in question he received information around 2:30 P.M. from an informant at the Sunken Gardens in the city that a pink and black Ford convertible bearing license No. S. L. 3365 would be traveling on Alemeda Street in the 'next few minutes' and would be driven by a white man who would have in his possession marijuana; that he and his two fellow officers, not having time to secure a warrant of arrest or search warrant, immediately proceeded to drive to the 6600 block on Alemeda where they stopped at a red traffic light; that while they were stopped for the light the appellant drove up in a pink and black Ford convertible bearing the license No. S. L. 3365 and stopped behind them. Officer Smith stated that he got out of the police car and as he was walking toward the appellant's automobile he observed appellant make a 'quick motion with his hands between the door of his car and the seat' 'from his mouth straight down to his side.' and observed smoke coming from appellant's mouth; that he thereupon opened the door of appellant's automobile and observed a burning cigarette on the floor board which he picked up, and then proceeded to search the appellant which resulted in his finding 4 cigarettes in the band of a cap which appellant was wearing. Officer Smith further testified that after he found the 4 cigarettes in appellant's cap, he asked appellant if that was 'all' to which appellant replied that he had some more at his apartment; that appellant then led the officers to his apartment some 15 or 20 blocks away, where after he had unlocked the door and admitted them inside, they found, pursuant to appellant's directions 6 unsmoked and one partially smoked cigarette in the pocket of a jacket in a closet.
[169 Tex.Crim. 445] An examination, both chemical and miscroscopic, of the cigarettes found in appellant's automobile, on his...
To continue reading
Request your trial
-
Figueroa v. State, No. 03-06-00656-CR.
...of having whiskey in his possession for the purpose of sale. Id. at 654, 258 S.W.2d 818 (emphasis added); see also Sikes v. State, 169 Tex.Crim. 443, 334 S.W.2d 440, 446 (Tex.Crim.App. 1960) (no election required where State presented evidence of possession of marihuana found in defendant's......
-
Paprskar v. State, No. 44447
...v. State, 417 S.W.2d 716 (Tex.Cr.App.1967), cert. den. 389 U.S. 996, 88 S.Ct. 500, 19 L.Ed.2d 494; Sikes v. State, 169 Tex.Cr.R. 443, 334 S.W.2d 440 (Tex.Cr.App.1960); 51 Tex.Jur.2d, Rev., Part 1, Searches and Seizures § 42, p. Where, however, in addition to the fact that the consenter was ......
-
Truitt v. State, No. 46059
...be quashed upon agreement by the appellant and the district attorney, following the authority of Sikes v. State, 169 Tex.Cr.R. 443, 334 S.W.2d 440. Thereafter, appellant was tried upon the basis that the seizures made from his automobile and his apartment were one transaction, and evidence ......
-
Powell v. State, No. 46209
...to show one continuous possession by appellant. See Juarez v. State, 479 S.W.2d 945 (Tex.Cr.App.1972); Sikes v. State, 169 Tex.Cr.R. 443, 334 S.W.2d 440 (1960); Glaze v. State, 165 Tex.Cr.R. 626, 310 S.W.2d 88 (1958); Long v. State, 158 Tex.Cr.R. 651, 258 S.W.2d 818 (1953); Jenkins v. State......
-
Figueroa v. State, No. 03-06-00656-CR.
...of having whiskey in his possession for the purpose of sale. Id. at 654, 258 S.W.2d 818 (emphasis added); see also Sikes v. State, 169 Tex.Crim. 443, 334 S.W.2d 440, 446 (Tex.Crim.App. 1960) (no election required where State presented evidence of possession of marihuana found in defendant's......
-
Paprskar v. State, No. 44447
...v. State, 417 S.W.2d 716 (Tex.Cr.App.1967), cert. den. 389 U.S. 996, 88 S.Ct. 500, 19 L.Ed.2d 494; Sikes v. State, 169 Tex.Cr.R. 443, 334 S.W.2d 440 (Tex.Cr.App.1960); 51 Tex.Jur.2d, Rev., Part 1, Searches and Seizures § 42, p. Where, however, in addition to the fact that the consenter was ......
-
Truitt v. State, No. 46059
...be quashed upon agreement by the appellant and the district attorney, following the authority of Sikes v. State, 169 Tex.Cr.R. 443, 334 S.W.2d 440. Thereafter, appellant was tried upon the basis that the seizures made from his automobile and his apartment were one transaction, and evidence ......
-
Powell v. State, No. 46209
...to show one continuous possession by appellant. See Juarez v. State, 479 S.W.2d 945 (Tex.Cr.App.1972); Sikes v. State, 169 Tex.Cr.R. 443, 334 S.W.2d 440 (1960); Glaze v. State, 165 Tex.Cr.R. 626, 310 S.W.2d 88 (1958); Long v. State, 158 Tex.Cr.R. 651, 258 S.W.2d 818 (1953); Jenkins v. State......