Summerville v. State

Court of Criminal Appeals of Texas

Summerville v. State

301 S.W.2d 913, 164 Tex. Crim. 591, 1957 Tex. Crim. App. LEXIS 2200

CourtCourt of Criminal Appeals of Texas

DecidedMay 1, 1957

Docket28996

StatusPublished

Cited by11 cases

This text of 301 S.W.2d 913 (Summerville v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Summerville v. State, 301 S.W.2d 913, 164 Tex. Crim. 591, 1957 Tex. Crim. App. LEXIS 2200 (Tex. 1957).

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Opinions

MORRISON, Presiding Judge.

The offense is carrying a pistol; the punishment, a fine of $100.00.

The testimony of a regular and an auxiliary policeman of the city of Deer Park reflects that they observed an automobile violating certain traffic regulations, pursued it, and found the appellant to be the driver, and “three or four other people” riding in the automobile, in the glove compartment of which they found a pistol.

We need not pass upon the legality of the search of the automobile because we find the evidence insufficient to establish that the pistol was in the possession of the appellant. It was not shown to be his automobile, and the mere fact that he was driving an automobile in which there were other occupants would not be sufficient to charge him with knowledge that there was a pistol in the glove compartment or sufficient to establish that he had such pistol in his possession. An examination of Article 483, V.A.P.C., which denounces the offense herein charged will reveal that the legislature intended that in order to be guilty the accused must be shown to have the prohibited weapon in his immediate personal possession.

So far as this record is concerned, the pistol might just as easily have been the property of any other of the occupants of the automobile.

Finding the evidence insufficient to support the conviction, the judgment is reversed and the cause remanded.

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MORRISON, Presiding Judge.

The offense is carrying a pistol; the punishment, a fine of $100.00.

The testimony of a regular and an auxiliary policeman of the city of Deer Park reflects that they observed an automobile violating certain traffic regulations, pursued it, and found the appellant to be the driver, and “three or four other people” riding in the automobile, in the glove compartment of which they found a pistol.

We need not pass upon the legality of the search of the automobile because we find the evidence insufficient to establish that the pistol was in the possession of the appellant. It was not shown to be his automobile, and the mere fact that he was driving an automobile in which there were other occupants would not be sufficient to charge him with knowledge that there was a pistol in the glove compartment or sufficient to establish that he had such pistol in his possession. An examination of Article 483, V.A.P.C., which denounces the offense herein charged will reveal that the legislature intended that in order to be guilty the accused must be shown to have the prohibited weapon in his immediate personal possession.

So far as this record is concerned, the pistol might just as easily have been the property of any other of the occupants of the automobile.

Finding the evidence insufficient to support the conviction, the judgment is reversed and the cause remanded.

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Bluebook (online)

301 S.W.2d 913, 164 Tex. Crim. 591, 1957 Tex. Crim. App. LEXIS 2200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summerville-v-state-texcrimapp-1957.

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