# Merriweather v. State

> Court of Criminal Appeals of Texas · November 28, 1973 · 501 S.W.2d 887

URL: https://www.frixlaw.com/law-library/cases/9683617

## Case

- **Full name:** Virgil Lee MERRIWEATHER, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 28, 1973
- **Citations:** 501 S.W.2d 887; 1973 Tex. Crim. App. LEXIS 2117
- **Precedential status:** Published
- **Opinion:** Concurrence by Morrison
- **Judges:** Green, Morrison
- **Cited by:** 43 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/9683617

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9683617. Public record. Not legal advice.