# Henson v. State

> Court of Criminal Appeals of Texas · December 19, 1973 · 502 S.W.2d 719

URL: https://www.frixlaw.com/law-library/cases/5041903

## Case

- **Full name:** Stephen Lewis HENSON v. The STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 19, 1973
- **Citations:** 502 S.W.2d 719; 1973 Tex. Crim. App. LEXIS 2038
- **Precedential status:** Published
- **Opinion:** Concurrence by Odom
- **Judges:** Douglas, Odom, Roberts
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5041903

## Opinion text

ODOM, Judge
(concurring).
I concur in the affirmance of this case. However, I do not agree that Fry v. State, Tex.Cr.App., 493 S.W.2d 758 , is controlling.
*722 In the instant case, unlike Fry v. State, supra, there was consent to search. The evidence is undisputed that appellant “nodded his head up and down” when asked by the officers if he would allow them to search the trunk of his car. Therefore, the appellant, having consented to the search, cannot now complain. Cf. Stephenson v. State, Tex.Cr.App., 494 S.W.2d 900 ; DeVoyle v. State, Tex.Cr.App., 471 S.W.2d 77 . See also Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 .
I concur.
ROBERTS, J., joins in this concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5041903. Public record. Not legal advice.