DocketNumber: No. 23800
Citation Numbers: 151 Tex. Crim. 244, 208 S.W.2d 89
Judges: Hawkins, Krueger
Filed Date: 11/19/1947
Status: Precedential
Modified Date: 1/13/2023
Appellant was charged by indictment with the offense of burglary and two prior convictions for like offenses. He was found guilty as charged and his punishment was assessed at confinement in the state penitentiary for life.
Appellant brings forward one bill of exception in which he complains of the action of the trial, court in admitting in evidence certain articles discovered on his person and wearing apparel as a result of a search of his person and premises without a search warrant after he had been taken into custody by the officers at his home without a warrant of arrest. The bill
The court qualified the bill of exception by stating what the officers discovered in the way of drugs, etc., on the floor of the burglarized premises and what they discovered as a" result of the search of his person and premises.
The sole question is, was the evidence given admissible as against the objection urged thereto by appellant that the arrest, the search of his person and his home were illegal.
The uncontradicted evidence shows that the drug store in question was burglarized on the night of December 26th, 1946, and some drugs and money taken therefrom; that on Saturday, the 28th day of December, 1946, appellant was arrested at his home in the City of Dallas by Louis Rigler, a Texas Highway Patrolman who was stationed at Grand Prairie and two city policemen of the City of Grand Prairie; that the officers entered his home, arrested him without a warrant, and searched his person and his home without a search warrant. Appellant, in due time, objected to any evidence discovered by the officers as a result of his arrest and the search of his person and his home on the ground that the same were made without a warrant of arrest and without a search warrant.
There is not any evidence from any source which shows that the officers were authorized under Articles 212, 213, 214, or 215, C. C. P., to arrest appellant without a warrant. In the case of Vinson v. State, 137 S. W. (2d) 1048, a question similar to the one presented here was before this Court and Judge Hawkins, in disposing of the same, held the arrest of appellant without a warrant and the search of his home without a search warrant were illegal; that by reason thereof, the evidence ob
We have reached the conclusion that all the evidence obtained by the officers while making the arrest without a warrant and the search of appellant’s home without a search warrant was not admissible in evidence against him. Therefore, we feel constrained to reverse the judgment and remand the case, and it is so ordered.
Opinion approved by the Court.