Opinion

Merriweather v. State

  • 501 S.W.2d 887
  • 1973 Tex. Crim. App. LEXIS 2117
Court
Court of Criminal Appeals of Texas
Filed
Nov 28, 1973
Status
Published
Author
Morrison
On the bench
Green, Morrison
Cited by
43 cases

holding that when the specific facts used by the court to determine the existence of probable cause were uncontested, the defendant was not entitled to a jury instruction concerning other factsCwhich were contestedCthat did not defeat the finding of probable cause

How later courts described this case

  • holding that when the specific facts used by the court to determine the existence of probable cause were uncontested, the defendant was not entitled to a jury instruction concerning other factsCwhich were contestedCthat did not defeat the finding of probable cause
  • holding that, when specific facts used by court to determine existence of probable cause were uncontested, defendant was not entitled to jury instruction concerning other facts--which were contested--that did not defeat finding of probable cause
  • concluding that officer conducted valid search incident to arrest where officer learned 7 from warrant check of an outstanding warrant, even though warrant turned out to be defective
  • when the specific facts used by the court to determine the existence of probable cause were uncontested, the defendant was not entitled to a jury instruction concerning other facts— which were contested-that did not defeat the finding of probable cause

Written by the judges who cited it.

The opinion

MORRISON, Judge

(concurring).

I concur in the affirmance of this conviction, but conclude that reliance upon Wallace v. State, supra, in which I dissented, is unnecessary. The officer here learned that there was an outstanding warrant authorizing appellant’s arrest prior to taking him into custody. He was also armed with sufficient probable cause to authorize appellant’s arrest without a warrant and reliance upon a traffic violation is not necessary for our disposition of this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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