[Download] "Mathew Culmore v. State Texas" by First District, Houston Court of Civil Appeals of Texas ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Mathew Culmore v. State Texas
• Author : First District, Houston Court of Civil Appeals of Texas
• Release Date : January 19, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

We are met at the outset with appellants serious contention that the evidence is insufficient to support the conviction. These are the facts viewed in the light most favorable to the State. Officers, armed with a search warrant, approached the home of one Claude Bell. After knocking, but without announcing their identity or purpose, the officers entered the home and discovered four men and a woman seated in the "den." There was no testimony from any of the officers that any person in the house attempted to flee, was seen or heard moving about, or observed making any suspicious movements. Each was searched and nothing incriminating was found. They then proceeded into the bedroom where they found a quantity of marijuana and pipe in which some "used" marijuana was found. The only probative fact which implicated appellant was that the officers detected the odor of marijuana in both the "den" and in the bedroom. None of the officers testified that in their opinion any of the five appeared to be under the influence of marijuana at that time or later. The State lays much stress on the fact that they found a packet of cigarette papers in appellants pocket which were returned to the appellant after the search. This can have no probative effect in the case at bar as no marijuana cigarette "butts" were found in the "den" or anywhere in the house. However, there were regular tobacco butts found in the ash tray in the den. All of the marijuana and other items introduced into evidence were found in the bedroom occupied by Claude Bell in his parents home. Said bedroom was across and down the hall from the "den," the distance between the rooms did not appear in the record. There was no showing that appellant had ever been in the bedroom, and it is noted that among the items found there were no cigarette papers. A search of John Rocks automobile, with his consent, revealed no marijuana or other contraband. If marijuana had been smoked prior to the officers entry, it had been smoked in the pipe which was found in the bedroom.

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