From Casetext: Smarter Legal Research

Gross v. State

Court of Criminal Appeals of Texas
Apr 18, 1973
493 S.W.2d 791 (Tex. Crim. App. 1973)

Opinion


493 S.W.2d 791 (Tex.Crim.App. 1973) James Wilson GROSS, Appellant, v. The STATE of Texas, Appellee. No. 46078. Court of Criminal Appeals of Texas. April 18, 1973

Rehearing Denied May 16, 1973.

Melvyn Carson Bruder (court appointed on appeal only), Dallas, for appellant.

Henry Wade, Dist. Atty., and Robert T. Baskett, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for robbery. Punishment was assessed by the jury at thirty years.

Jack Alexander identified appellant as one of two men who robbed him at his drive-in grocery store in Dallas, on August 4, 1968.

Appellant's sole contention is that he was illegally arrested in violation of his rights under the Fourth Amendment of the United States Constitution and Article 1, Section 9, of the Texas Constitution, Vernon's Ann.St.

Officer Willingham of the Dallas Police Department testified that he received information on Sunday morning, September 22, 1968, which caused him to arrest appellant and another man for the August 4, 1968 robbery of Alexander.

There was no objection to the testimony concerning the arrest. Absent an objection to the testimony concerning the arrest, nothing is presented for review. Calhoun v. State, Tex.Cr.App., 466 S.W.2d 304. Further, no confession or items shown to have been seized as incident to such arrest were offered into evidence. Frazier v. State, Tex.Cr.App., 481 S.W.2d 857; Garcia v. State, Tex.Cr.App., 472 S.W.2d 784. No error is shown.

The judgment is affirmed.

Opinion approved by the Court.


Summaries of

Gross v. State

Court of Criminal Appeals of Texas
Apr 18, 1973
493 S.W.2d 791 (Tex. Crim. App. 1973)
Case details for

Gross v. State

Case Details

Full title:James Wilson GROSS, Appellant, v. The STATE of Texas, Appellee.

Court:Court of Criminal Appeals of Texas

Date published: Apr 18, 1973

Citations

493 S.W.2d 791 (Tex. Crim. App. 1973)

Citing Cases

Vasquez v. State

Since there were no fruits of the illegal arrest, the error does not require reversal of the conviction.…

Vargas v. State

The heroin which was admitted in evidence, was not seized in a search incident to arrest; since there were no…