Public-domain · open source
OpenJurist

372 S.W.2d 944

Artell v. State

Court of Criminal Appeals of Texas

Decided March 13, 1963

Court of Criminal Appeals of Texas · decided 1963-03-13

Key passage — most relied on by later courts

““We have been cited no .case, nor has an exhaustive inquiry revealed one, which requires that a report made by a person other than the witness be made available under the rule set forth above. “We are not inclined at this juncture to expand the rule, especially in view of the relatively recent expression of the Supreme Court of the United States in Palermo v. U. S., 360 U.S. 343 , 79 S.Ct. 1217 , 3 L.Ed.2d 1287 , on a similar problem, as follows: “‘It is clear that Congress was concerned that only those statements which could properly be called the witness’ own words should be made available to the defense for purposes of impeachment.’ ””

quoted by 1 later decision, including Dover v. State

“had taken a material part in bringing about the possession of certain drugs by the accused, had been present with the accused at the occurrence of the alleged crime, and might be a material witness as to whether the accused knowingly”

quoted by 1 later decision, including Acosta v. State

Relies on Palermo v. United States · 172 Tex. Crim. 7 - Gaskin v. State · 166 Tex. Crim. 556 - Bridges v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1963-03-13

How this case has been cited

Cited by 30 later decisions — most recently February 1997 · most notably Robertson v. State (1994), Mendoza v. State (1977)

30 state decisions

1301963197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

MORRISON, Judge.

¶1The offense is carrying a pistol; the punishment, 60 days in jail.

¶2*945Officer Garcia of the narcotics division of the Houston police testified that on the day in question he received information by telephone from a reliable and credible person that appellant could be found in the 1600 block of Houston Avenue in a 1960 green Chevrolet, license number SR 6700, and that he had a quantity of narcotics in his possession; that he, in company with Officer Strickland and others, proceeded at once to said location, and as he approached the automobile which had been described to him he observed appellant, who was seated therein alone, “reaching under the front seat directly behind him.” He identified himself as' an officer, reached under the seat and pulled out a black holster that contained a .38 caliber Smith & Wesson revolver. Appellant was then carried to the station, and Officer Strickland took charge of the weapon and made out the offense report. Appellant did not testify or offer any evidence in his own behalf, and we find the evidence sufficient to support the conviction.

¶3Appellant’s attack upon the legality of the search is overruled upon authority of French v. State, 162 Tex.Cr.R. 48, 284 S.W.2d 359; Sanders v. State, 166 Tex.Cr. R. 293, 312 S.W.2d 640; Slaughter v. State, 314 S.W.2d 92; Bridges v. State, 166 Tex. Cr.R. 556, 316 S.W.2d 757; Baray v. State, 167 Tex.Cr.R. 456, 321 S.W.2d 87; McCall v. State, 167 Tex.Cr.R. 559, 322 S.W.2d 291; and Leal v. State, 169 Tex.Cr.R. 222, 332 S.W.2d 729.

¶4The court did not err in declining to require Officer Garcia to name his informer. Bridges v. State, supra, and Sikes v. State, Tex.Cr.App., 334 S.W.2d 440. This is especially so since there is no showing that the informant took any material part in bringing about the offense, was present when it occurred or might be a material witness as to whether or not accused committed the offense. Anno. 76 A.L.R.2d 262, sec. 20, p. 307.

¶5 The sole remaining question which requires discussion is the refusal of the trial court to permit appellant to make Officer Strickland's offense report which Officer Garcia had read some time before the trial and from which he had refreshed his memory available for the purpose of cross-examining Garcia or for the purpose of perfecting his bill of exception. This Court has recently in Gaskin v. State, Tex.Cr. App., 353 S.W.2d 467; Martinez v. State, Tex.Cr.App., 354 S.W.2d 936; and Pruitt v. State, Tex.Cr.App., 355 S.W.2d 528, made what we consider wholesome progress in protecting the rights of an accused. We have been cited no case, nor has an exhaustive inquiry revealed one, which requires that a report made by a person other than the witness be made available under the rule set forth above.

¶6We are not inclined at this juncture to expand the rule, especially in view of the relatively recent expression of the Supreme Court of the United States in Palermo v. U. S., 360 U.S. 343, 79 S.Ct. 1217, 3 L.Ed. 2d 1287, on a similar problem, as follows:

“It is clear that Congress was concerned that only those statements which could properly be called the witness’ own words should be made available to the defense for purposes of impeachment.”

¶7Finding no reversible error, the judgment of the trial court is affirmed.

/372/sw2d/944 · .json · Public domain