¶1OPINION
¶2ON APPELLANT’S MOTION FOR REHEARING
¶3The appellant has filed a vigorous motion for rehearing. He insists that the evidence upon which the conviction is based was obtained in violation of Title 18 U.S. C.A. § 1385. That statute provides:
“Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years, or both.”
¶4Appellant assumes a violation of that law of the United States, and contends that in view of Aft. 38.23, Vernon’s Ann.C.C.P., the trial court erred in admitting such testimony, and in not instructing the jury as provided by that statute. Art. 38.23, Vernon’s Ann.C.C.P., reads as follows:
“No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.
“In any case where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes, or has a reasonable doubt, that the evidence was obtained in violation of the provisions of this Article, then and in such event, the jury shall disregard any such evidence so obtained.”
¶5We find that the appellant’s basic assumption that Title 18, U.S.C.A. § 1385, has been shown to be violated is not sound. We find that there was no evidence used in the trial against the appellant which was obtained in violation of Title 18, U.S.C.A. § 1385. We do not find that any part of the Armed Forces was used as a posse comitatus or otherwise to execute the laws.
¶6Title 18, U.S.C.A. § 1385, is vague and we find no cases construing its validity on constitutional grounds, but assuming that it is a valid statute, we must then interpret what it means to “execute” the laws. Webster’s Third New International Dictionary (1969) definition of “execute” is to “put into effect; carry out fully and completely”. Black’s Law Dictionary, 5th Edition (1968) definition of “execute” is “to complete; to perform; to follow out; to finish; accomplish; make complete; fulfill.”
¶7In this case the witness Grischkowski was not a member of the Armed Services. His services were uncompensated; he was a volunteer; his use of marked money furnished by CID agents makes no material difference. The appellant was a member of the Armed Forces. Even though the CID agents may have been active in the investigation of narcotics traffic and specifically investigating the appellant’s activities, we do not believe they are shown to have acted as a posse comitatus or otherwise to execute the laws. The fact that CID agents Bishop and Lair were present when Detective DeLoach and Officer Warmuth of the Killeen Police Depart*22ment arrested the appellant does not show a violation of Title 18, U.S.C.A. § 1385, or even raise a fact issue. Remaining convinced that this case was properly decided on original submission, the appellant’s motion for rehearing is overruled.
¶8Opinion approved by the Court.