*1 that, pos rule is settled from the The well part an accused of of the stolen
session whole infer
property, theft of the Hill and a conviction sustained.
red
Mason v. and cases cited. that misdemeanor
Appellant’s contention proven accordingly over-
theft alone was
ruled, judgment of the trial court and each
as to OCHOA, Appellant,
Valentino Ruben Gardner, Amarillo, ap- Reynold M. Texas, Appellee. The STATE of pellant. No. 42152. Curtis, Reese, Atty., B. Tom Dist. Texas. of Criminal Amarillo, D. Atty., Asst. Dist. and Jim 18, 1969. June Vollers, Austin, Atty., for the State’s State. Sept. 22, Rehearing Denied
OPINION ONION, Judge. marihuana;
The offense is punishment, years. The on State’s evidence reflects that July Griffin, Dave an Amarillo City policeman, working as an under- At agent. approximately cover narcotics p. Kong m. to the Hong 7:30 he went Lounge in City attired as Amarillo “hippie” and table sat at Ochoa, and his Via, Pat wife and Fred Salazar. parties knew the other did at the time know his name. He then announced assembled arranged he had purchase some mari- shortly huana that thereafter Allen appeared. re- She lated she not had the “lid”1 ordered 1. The record reflects that “lid” is to fill would take a Prince monly as an known narcotic users Albert can. *2 State, an match box Sutton v. additional Grifffin paid her and half marihuana. this Court said: of Griffin S.W.2d Via for the “lid” and Willie John general “It is the rule that where the surplus. purchased Fred the Salazar originates criminal intent in of the mind in one appears all the marihuana was accused, an the fact that the officers plastic container. opportunity furnish the for or aid the accused in the commission of a crime at seated group the long thereafter Not prosecu constitutes no defense such a to Via’s departed the table However, if design tion. the criminal the inwas appellant the house. While originates in the mind of the officer and pur- the examined living room he induces a to commit crime they that and decided in the kitchen chase which he have would not otherwise and that right the not received had except inducement, mitted for such such other sub- or with tobacco was laced and, law, entrapment in con the to returned They all then stance. 454; stitute defense.” 343 S.W.2d See Griffin Lounge where Hong Kong also Clark v. complaint with up their spokesman took State, 763; Tex.Cr.App., check to promised who State, Cooper then decided group supplier. The her with S.W.2d home. the Via return to to responsible While Griffin was measured kitchen Griffin in the There being marihuana available on the match box of the container out question, it is clear that he did not and Willie the substance half of persuasion, enticement or inducement lure eleven and Fred rolled Salazar possession any the of narcot into amount, eleventh the that “joints” from concerned, ic. As far as the record is referred to was largest and being the one showing per there is no that ever Griffin as the “killer.” sonally conversed with the con cerning his (cid:127) the use or of sub to the and walked the “killer” Via lit agree stance cannot that cigarette he living room where entrapment aas matter of law was es in turn who to smoke to Salazar Fred note careful tablished. we the then appellant who to the trial judge entrap submitted the issue of inhaling deeply and who “puffed” the same ment jury instructing acquit to them to Salazar passed the they if entrapment. found was was when he passed it Griffin to pre- he related Griffin through. Officer Ground of #1 is overruled. error inhale. He not and did tended smoke appellant challenges sufficiency Next the The same Via. returned the “killer” to of the evidence sustain the conviction. cigarette was until the process continued First, urges he that was an ac- Griffin “used complice testimony witness and his was not taking left Shortly thereafter Griffin 38.14, corroborated. Article Vernon’s remaining in him the substance Ann.C.C.P. over to a fellow plastic bag which he turned In Alexander v. custody was estab- The chain of officer. this held that testified lished and chemist “agent accomplice an undercover is not an was marihuana. plastic bag substance long bring witness so as he does not about the crime but ground error obtains evidence to be first In his entrap- used against engaged in traffic.” establishes the evidence contends State, Tex.Cr.App., See also ment as a matter Jones Entrapment Tex.Cr.App., entrapment. not constitute Clark conduct occurs when the criminal Tex.Cr. Vela activity product was the the creative App., officials.” See 287 law-enforcement an do find U.S., S.Ct., at 216.1 facts here accomplice under the witness *3 agent the case bar the did not con- presented. appellant except verse with this as a mem- ber group. encouraged of a He the evi appellant contends to commit no act. posses appellant had dence fails to show shows marihuana. The record sion of the agent was not this smoked appellant, and was there- man in the to the next room fore, who caused this “killer” process that the continued until the participate in this offense. drug may A narcotic was “used Remaining properly convinced that we jointly possessed by persons. more two or disposed originally, of this cause appellant’s 122, Perry v. 297 motion rehearing is overruled. 187. deem the facts and circum stances sufficient show acting together possessing
the marihuana Davila v. 502, State, Tex.Cr.App., JOHNSON, Appellant, Emmett Earl 15; Rodriquez v. v. v. Cornelius also The STATE of Texas. 356, 30A No. <®=5 42187. Digest, Texas Poisons Court of Criminal Ground of error #2 is overruled. of Texas. Sept. 22, 1969. The judgment OPINION ON APPELLANT’S
MOTION FOR REHEARING
MORRISON, Judge. entrapment has
Again urged quote
been shown as a matter States, U.S.
from Sherman United 848,
369, 819, 2 L.Ed.2d which 78 S.Ct. States, quotes
turn from United Sorrells 77 L.Ed.
287 U.S. 53 S.Ct.
follows:
agents
“The
the the Government
fact
opportunities facilities
afford
does
the commission
offense
States,
(CA 8th, 1955);
F. 251
Aultman v. United
United States
1923)
(CA 5th,
;
Thompson,
(CA 6th,
See also Obrien