From Casetext: Smarter Legal Research

Vines v. State

Court of Criminal Appeals of Texas
Jan 12, 1966
397 S.W.2d 868 (Tex. Crim. App. 1966)

Summary

In Vines, the defendant made a timely objection to the search, which was overruled by the court, and the State failed to produce the warrant.

Summary of this case from Mckay v. State

Opinion

No. 38927

January 12, 1966.

Appeal from the 140th Judicial District Court, Lubbock County, Robert H. Bean, J.

Chappell McFall, by John R. McFall, Lubbock, for appellant.

Alton R. Griffin, Dist. Atty., William M. LauBach, Asst. Dist. Atty., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.


The conviction is for the unlawful sale of marijuana; the punishment, five years.

Our disposition of the case renders unnecessary a recitation of the facts other than to observe that to sustain the conviction the state relied upon the fruits of the search of a certain house in the city of Lubbock by Sgt. Bill Bessent and other officers of the Lubbock police department, under the authority of a search warrant.

Prior to Officer Bessent's testifying relative to the search and the fruits thereof, appellant timely objected on the ground that it had not been shown that the search was lawful.

Appellant's opinion was by the court overruled, and at no time did the state produce the search warrant under which the search was made.

Such action by the court presents reversible error.

Upon timely objection being made by the appellant, it was incumbent upon the state, under the facts, to produce and exhibit to the court a valid search warrant. Having failed to produce such warrant, appellant's objection to the officer's testimony should have been sustained. Henderson v. State, 108 Tex.Crim. 167, 1 S.W.2d 300; Blackburn v. State, 145 Tex.Crim. 384, 168 S.W.2d 662; Brown v. State, 166 Tex.Crim. R., 313 S.W.2d 297.

Being shown to have been legitimately on the premises at the time of the search, appellant is in position to challenge the validity thereof, under the holding of the Supreme Court of the United States in Jones v. United States, 80 S.Ct. 725, 362 U.S. 257, 4 L.Ed.2d 697.

The state confesses error and does not pray for an affirmance of the conviction.

The state further concedes that the court committed error in permitting it to inproperly bolster the testimony of its witness Leopha Holland, in violation of the rule stated in the recent case of Lyons v. State, Tex.Cr.App., 388 S.W.2d 950.

For the errors pointed out, the judgment is reversed and the cause is remanded.

Opinion approved by the court.


Summaries of

Vines v. State

Court of Criminal Appeals of Texas
Jan 12, 1966
397 S.W.2d 868 (Tex. Crim. App. 1966)

In Vines, the defendant made a timely objection to the search, which was overruled by the court, and the State failed to produce the warrant.

Summary of this case from Mckay v. State

In Vines, supra, the opinion reveals only that the objection was made on the ground that "it had not been shown that the search was lawful.

Summary of this case from Foster v. State
Case details for

Vines v. State

Case Details

Full title:James Brannon VINES, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Jan 12, 1966

Citations

397 S.W.2d 868 (Tex. Crim. App. 1966)

Citing Cases

Underwood v. State

When a search has been conducted by virtue of a search warrant, and a timely objection is made, it is…

Riojas v. State

Further, the instant case clearly involves a seizure of contraband; this seizure in turn resulted in an…