75 S.W.2d 1099 | Tex. Crim. App. | 1934
Conviction for unlawfully carrying a pistol; punishment, a fine of $100.
Three officers went to the Walkathon Stadium in San Antonio at about 2 o’clock A. M. and found appellant there with
“Hobrecht made a move towards his right hip where the gun was, and I made a move for it just about the same time. As to whether he put his hand on the gun, I am pretty sure that he did, he had it back that way (illustrating), when I went back there for it.
“I did not see the gun before I took it, not until I went back for it, then I did. I could not see it before I got my hand on it, the man had his coat on.
“As to what prompted me, or caused me to seize the gun, when Isbell asked him if he had a pistol, he went back and I didn’t know whether he was going to hand it to him, or whether he was going to use it, or not, but when he did I went back and got the pistol; I was standing right behind him.”
Officer Christoff testified that when he (appellant) reached around to get it, both hands were there when K pulled the gun out.
Appellant objected to the testimony of the officers as to their finding upon his person a pistol upon the ground that said officers had no search warrant, and no ground for his arrest without a warrant. Evidently the trial court was of opinion,— in which we concur, — that there existed probable cause upon which the State relied to establish the legality of the search of appellant’s person which revealed his possession of said pistol.
A reasonable ground of suspicion, supported by circumstances sufficiently strong to warrant an ordinarily prudent man in making the search, — would meet the measure laid down by all the authorities as to the requirements upon which to predicate a search upon probable cause. We have no hesitation in affirming that when men, known to be officers, approach a man at 2 o’clock A. M. and ask him if he has a pistol, and he either answers “yes,” or says “What is it to you,” or “None of your damn business,” — and accompanies whatever such remark he makes by throwing his hand toward the time-honored hip pocket, —this would strongly argue both a good ground of suspicion and the existence of a circumstance which would seem to impel a
Finging no error in the record, the judgment will be affirmed.
Affirmed.