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493 S.W.2d 791

Gross v. State

Court of Criminal Appeals of Texas

Decided April 18, 1973

Court of Criminal Appeals of Texas · decided 1973-04-18

Cited by 4 later decisions — most recently April 1986

4 state decisions

Relies on Garcia v. State · Calhoun v. State · Frazier v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1973-04-18

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¶1OPINION

DAVIS, Commissioner.

¶2This is an appeal from a conviction for robbery. Punishment was assessed by the jury at thirty years.

¶3Jack Alexander identified appellant as one of two men who robbed him at his drive-in grocery store in Dallas, on August 4, 1968.

¶4Appellant’s sole contention is that he was illegally arrested in violation of his rights under the Fourth Amendment of the United States Constitution and Article 1, Section 9, of the Texas Constitution, Vernon’s Ann.St.

¶5Officer Willingham of the Dallas Police Department testified that he received information on Sunday morning, September 22, 1968, which caused him to arrest appellant and another man for the August 4, 1968 robbery of Alexander.

¶6There was no objection to the testimony concerning the arrest.

¶7*792Absent an objection to the testimony concerning the arrest, nothing is presented for review. Calhoun v. State, Tex.Cr.App., 466 S.W.2d 304. Further, no confession or items shown to have been seized as incident to such arrest were offered into evidence. Frazier v. State, Tex.Cr.App., 481 S.W.2d 857; Garcia v. State, Tex.Cr.App., 472 S.W.2d 784. No error is shown.

¶8The judgment is affirmed.

¶9Opinion approved by the Court.

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