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Salinas v. State

Manuel Salinas v. State

Salinas v. State, 266 S.W.2d 388 (Tex. Crim. App. 1954)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
April 7, 1954
Docket
No. 26,932
Judges
Davidson
Citations
266 S.W.2d 388159 Tex. Crim. 6191954 Tex. Crim. App. LEXIS 2383

Opinion of the Court — Davidson

Text extracted by OCR from a scanned original; check the original for exact wording.

DAVIDSON, Judge.

This is a conviction for possessing marijuana; the punishment, two years in the penitentiary.

A search of appellant’s residence revealed three separate containers of marijuana, consisting of a mixture of stems, leaves, and seeds.

Whether the search of the residence was or was not authorized need not be determined, for appellant, testifying as a witness in his own behalf, admitted the possession of the marijuana and claimed that he possessed it for medical purposes.

Having admitted the possession of the marijuana, appellant was in no position to complain of proof of that same fact by the officers. Soble v. State, 153 Tex. Cr. R. 629 , 218 S. W. 2d 195 ; Schaefer v. State, 121 Tex. Cr. R. 220 , 53 S. W. 2d 302 ; Johnson v. State, 118 Tex. Cr. R. 293 , 42 S. W. 2d 421 .

The other questions briefed by appellant all center around the question above discussed and are determined thereby.

No error appearing, the judgment is affirmed.

Opinion approved by the court.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1954: 11956: 11957: 11959: 11960: 11962: 11965: 11971: 119542026peak 1954 · 1

Relies on it most ⓘ

  1. Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of Corrections263 F.2d 35 (5th Cir. 1959)
  2. Mims v. State466 S.W.2d 317 (Tex. Crim. App. 1971)
  3. MacKenna v. State301 S.W.2d 657 (Tex. Crim. App. 1957)
  4. Perez v. State396 S.W.2d 870 (Tex. Crim. App. 1965)
  5. Rao v. State271 S.W.2d 426 (Tex. Crim. App. 1954)
  6. Benavidez v. State296 S.W.2d 774 (Tex. Crim. App. 1956)

Most recent

  1. Mims v. State466 S.W.2d 317 (Tex. Crim. App. 1971)
  2. Perez v. State396 S.W.2d 870 (Tex. Crim. App. 1965)
  3. Hudson v. State361 S.W.2d 388 (Tex. Crim. App. 1962)
  4. Hudson v. State341 S.W.2d 448 (Tex. Crim. App. 1960)
  5. Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of Corrections263 F.2d 35 (5th Cir. 1959)
  6. MacKenna v. State301 S.W.2d 657 (Tex. Crim. App. 1957)

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 3

DepthCaseCited by
Johnson v. State, 42 S.W.2d 421 (Tex. Crim. App. 1931) 22
Soble v. State, 218 S.W.2d 195 (Tex. Crim. App. 1948) 18
Schaefer v. State, 53 S.W.2d 302 (Tex. Crim. App. 1932) 10

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