Johnson v. State

440 S.W.2d 308, 1969 Tex. Crim. App. LEXIS 1060

Opinions

OPINION

WOODLEY, Presiding Judge.

The offense is the unlawful possession of marihuana, a narcotic drug; the punishment, two years, probated.

Trial was before the court on a plea of not guilty.

This is a companion case to that of Gaston v. State, TexCr.App., 440 S.W.2d 297, this day decided.

The evidence reflects that appellant was one of the six persons who appeared at the apartment after the officers had executed the search warrant. He was searched after an officer was unsuccessful in attempting to prevent his swallowing something which he took from his coat pocket and placed in his mouth. A plastic type medicine bottle containing a small amount of marihuana was found in one of his pockets.

Appellant’s first ground of error is the same as that overruled in Gaston v. State, supra.

Appellant’s second ground of error presents the alternative contention that the search warrant did not authorize the search of his person and his arrest was made without a warrant and without probable cause.

The grounds of error are overruled, our holding being that there was probable cause for the search warrant to issue and the warrant authorizing the search of the apartment and the arrest of Sharland Reeves Gaston included the right to search appellant. Gaston v. State, supra.

The judgment is affirmed.

DOUGLAS, J., not participating.