Sheridan v. State

Johnny William SHERIDAN, Appellant, v. the STATE of Texas, Appellee

Sheridan v. State, 485 S.W.2d 920 (Tex. Crim. App. 1972)

Court: Court of Criminal Appeals of Texas · State Highest Courts
Decided: September 25, 1972
Docket: No. 45165
Judges: Davis
Citations: 485 S.W.2d 9201972 Tex. Crim. App. LEXIS 1848

Cited by 13 1 descriptions by later courts

Opinion — Davis

OPINION DAVIS, Commissioner.

This is an appeal from a conviction for possession of marihuana. Punishment was assessed by the jury at three years.

The record reflects that officers recovered a quantity of marihuana from appellant’s residence in the 2300 block of Nicholson in Houston, on July 14, 1970.

Appellant contends the officers lacked probable cause to search his house and that without a showing of consent or pursuit and arrest, the Fourth Amendment precludes the search of a dwelling place without a warrant.

At the penalty stage of the trial, appellant took the stand in an apparent attempt *921 to mitigate the circumstances of the offense, and on direct examination, testified:

“Q Do you deny the possession of the marihuana ?

“A No sir.”

****** “Q And you haven’t denied it?

“A No sir.”

The appellant, having voluntarily taken the stand at the penalty stage and on direct examination admitted having marihuana in his possession, cannot question the lawfulness of the search wherein the marihuana was seized. Palmer v. State, Tex.Cr.App., 475 S.W.2d 797 . See also Boothe v. State, Tex.Cr.App., 474 S.W.2d 219 ; Richardson v. State, Tex.Cr.App., 458 S.W.2d 665 . In Bradley v. State, Tex.Cr.App., 478 S.W.2d 527 , it was said, “This Court has held many times that the legality of the search need not be considered when the defendant testifies to or otherwise produces evidence of the same facts or if such facts are in the record without objection.” See Jones v. State, Tex.Cr.App., 484 S.W.2d 745 (6/28/72).

The judgment is affirmed.

Opinion approved by the Court.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(Accused admitted possessing marihuana, thereby waiving probable cause objection to search.)

Jones v. State, 680 S.W.2d 499 (Tex. App. 1983)

Cited by 13 cases

View all citing references →

Relies on it most ⓘ

Leday v. State983 S.W.2d 713 (Tex. Crim. App. 1998)
McGlothlin v. State896 S.W.2d 183 (Tex. Crim. App. 1995)
Hunnicutt v. State531 S.W.2d 618 (Tex. Crim. App. 1976)
Smyth v. State634 S.W.2d 721 (Tex. Crim. App. 1982)
Brown v. State487 S.W.2d 86 (Tex. Crim. App. 1972)
Dugger v. State543 S.W.2d 374 (Tex. Crim. App. 1976)

Most recent

Leday v. State983 S.W.2d 713 (Tex. Crim. App. 1998)
Post v. State936 S.W.2d 343 (Tex. App. 1997)
McGlothlin v. State896 S.W.2d 183 (Tex. Crim. App. 1995)
Garcia v. State718 S.W.2d 782 (Tex. App. 1986)
Jones v. State680 S.W.2d 499 (Tex. App. 1983)
Smyth v. State634 S.W.2d 721 (Tex. Crim. App. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Palmer v. State, 475 S.W.2d 797 (Tex. Crim. App. 1972)	58
	Boothe v. State, 474 S.W.2d 219 (Tex. Crim. App. 1971)	57
	Richardson v. State, 458 S.W.2d 665 (Tex. Crim. App. 1970)	36
	Bradley v. State, 478 S.W.2d 527 (Tex. Crim. App. 1972)	36
	Jones v. State, 484 S.W.2d 745 (Tex. Crim. App. 1972)	12

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