Taylor v. State, No. 46129

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Writing for the CourtROBERTS; DOUGLAS
PartiesRandell Ray TAYLOR, Appellant, v. The STATE of Texas, Appellee.
Docket NumberNo. 46129
Decision Date27 February 1974

Page 927

505 S.W.2d 927
Randell Ray TAYLOR, Appellant,
v.
The STATE of Texas, Appellee.
No. 46129.
Court of Criminal Appeals of Texas.
Feb. 27, 1974.

Dunnam & Dunnam, Port Lavaca, for appellant.

Wiley L. Cheatham, Dist. Atty., Cuero, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the offense of possession of marihuana. The jury assessed punishment at two years' confinement.

Initially, appellant challenges the sufficiency of the evidence. He contends that the evidence is insufficient to prove that he had knowledge, or the actual control, care, and management, of marihuana seeds found scattered on the carpet of his Toyota. He further alleges that the arrest and search were illegal.

The record shows that Sheriff's Deputy Raymond May, acting on information that a marihuana party was being held at Swan's Point, secreted himself in the trunk of a car driven by Mrs. Iris Coffee and Norman Boyd. By keeping the trunk partially opened, Deputy May, upon their arrival at Swan's Point, was able to smell marihuana smoke. The automobile left the scene. After they were out of sight of those at the party, the car was stopped and Deputy May got out of the trunk. He left Norman Boyd hidden in some bushes to observe the entrance and exit of cars from the party while he went to get help. Deputy May returned with Constable Jack Campbell and was met by Sheriff Homer Roberson. There is some conflict in the testimony as to the events which subsequently took place. May and Campbell both testified that appellant was seated behind the steering wheel of his white Toyota automobile. As the officers approached the vehicle, they observed several beer cans strewn about the immediate vicinity of the vehicle. A check of the cans showed them to be still cold and several of them half full of beer. Knowing that the boys were under the legal drinking age, the officers requested the boys to get out of the car.

Page 928

The arresting officer testified that as he approached he observed the appellant and 'three more' in the car. All the occupants of the car got out; the officers then 'started looking.' One officer stated that as he was standing beside the automobile, on the passenger's side where the door was open, he observed, with the aid of a flashlight, One 'little bitty okra-type seed' on the carpet of the automobile. A thorough search of the interior of the vehicle was begun at this time--a total of nine seeds, later identified as being marihuana seeds, was ultimately discovered, scattered throughout the automobile. The officer testified that the total of nine seeds was obtained only after pulling up the carpet in various places, 1 and that two seeds were found on the driver's side, at least one was found on the passenger's side, and seeds were further found on both sides in the back seat area of the car.

The search also revealed a pipe in the glove compartment, which contained a residue that the arresting officer said 'appeared to be marihuana.'

We do not reach the question of the legality of the search, as we find the evidence insufficient to support the verdict. As was stated in the case of Pelham v. State, 164 Tex.Cr.R. 226, 298 S.W.2d 171 (1957), Texas' former law which dealt with marihuana, Art. 725b, Vernon's Ann.P.C., did not prescribe or limit the amount of marihuana necessary to be possessed in order to constitute the unlawful act of possession of marihuana.

'We know that the use commonly made of marihuana is to smoke it in cigarettes; it is not taken internally or by hypodermic, as are other narcotics. Such being true, we have concluded that the reasonable construction and interpretation to be applied here is that the legislature intended that to constitute the...

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12 practice notes
  • Garcia v. State, No. 04-88-00422-CR
    • United States
    • Court of Appeals of Texas
    • March 30, 1990
    ...car. The seeds were never analyzed and were still in Officer Hall's desk. No other contraband was found in the car. See Taylor v. State, 505 S.W.2d 927 (Tex.Crim.App.1974) (nine marihuana seeds in various locations in defendant's car occupied by defendant and other persons insufficient to s......
  • Lejeune v. State, No. 49404
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • July 14, 1976
    ...of marihuana); Mitchell v. State, 482 S.W.2d 223 (Tex.Cr.App.1972) (.0074 grams of marihuana). See also and cf. Taylor v. State, 505 S.W.2d 927 (Tex.Cr.App.1974); Terrill v. State, 531 S.W.2d 642 In Reyes v. State, 480 S.W.2d 373 (Tex.Cr.App.1972), the court held that the court- Page 778 im......
  • Miller v. State, No. 05-86-00089-CR
    • United States
    • Court of Appeals of Texas
    • January 12, 1987
    ...of contraband, Forsythe, 664 S.W.2d at 113; (5) sale of or delivery of contraband, Mendoza, 636 S.W.2d at 200; Taylor v. State, 505 S.W.2d 927, 929 (Tex.Crim.App.1974); Reyes, 480 S.W.2d 373, 374-75 (Tex.Crim.App.1972); Sampayo, 625 S.W.2d at 35; and, (6) the judicial confession of the defe......
  • Rumsey v. State, Nos. 67958
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • June 6, 1984
    ...bed, the evidence fails to establish a sufficient quantity of marihuana. Appellants argue that under the reasoning of Taylor v. State, 505 S.W.2d 927 (Tex.Cr.App. 1974), the burning marihuana cigarette found on the bed in close proximity to appellant Rumsey was an insufficient basis to supp......
  • Request a trial to view additional results
12 cases
  • Garcia v. State, No. 04-88-00422-CR
    • United States
    • Court of Appeals of Texas
    • March 30, 1990
    ...car. The seeds were never analyzed and were still in Officer Hall's desk. No other contraband was found in the car. See Taylor v. State, 505 S.W.2d 927 (Tex.Crim.App.1974) (nine marihuana seeds in various locations in defendant's car occupied by defendant and other persons insufficient to s......
  • Lejeune v. State, No. 49404
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • July 14, 1976
    ...of marihuana); Mitchell v. State, 482 S.W.2d 223 (Tex.Cr.App.1972) (.0074 grams of marihuana). See also and cf. Taylor v. State, 505 S.W.2d 927 (Tex.Cr.App.1974); Terrill v. State, 531 S.W.2d 642 In Reyes v. State, 480 S.W.2d 373 (Tex.Cr.App.1972), the court held that the court- Page 778 im......
  • Miller v. State, No. 05-86-00089-CR
    • United States
    • Court of Appeals of Texas
    • January 12, 1987
    ...of contraband, Forsythe, 664 S.W.2d at 113; (5) sale of or delivery of contraband, Mendoza, 636 S.W.2d at 200; Taylor v. State, 505 S.W.2d 927, 929 (Tex.Crim.App.1974); Reyes, 480 S.W.2d 373, 374-75 (Tex.Crim.App.1972); Sampayo, 625 S.W.2d at 35; and, (6) the judicial confession of the defe......
  • Rumsey v. State, Nos. 67958
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • June 6, 1984
    ...bed, the evidence fails to establish a sufficient quantity of marihuana. Appellants argue that under the reasoning of Taylor v. State, 505 S.W.2d 927 (Tex.Cr.App. 1974), the burning marihuana cigarette found on the bed in close proximity to appellant Rumsey was an insufficient basis to supp......
  • Request a trial to view additional results

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