208 S.W.2d 89 | Tex. Crim. App. | 1947
Lead Opinion
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.
Rehearing
ON MOTION FOR REHEARING.
In a motion for rehearing by the State our attention is called to a mistake in the second paragraph of our original opinion, in which we stated that the recitals in the bill of exception showed certain agreements between counsel for appellant and
We adhere to our conclusion that the arrest of appellant was illegal, and whatever search was made at the time of him or his home was likewise illegal, as also was the search of his person by the Sheriff of Clay County after appellant had been turned over to him by the officers. They, holding appellant under illegal arrest, would render his subsequent custody by the Sheriff of Clay County also illegal, and taint the search of his person with illegality, and the evidence discovered as a result thereof inadmissible.
The State’s motion for rehearing is overruled.