(DOWNLOAD) "John Wayne Davis v. State Texas" by The Texas Court of Criminal Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: John Wayne Davis v. State Texas
- Author : The Texas Court of Criminal Appeals
- Release Date : January 09, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The record reflects that the service station was locked up at 10:00 oclock at night and it had been entered without the consent of the manager. Officer Gowin of the Dallas Police Department testified that he was working in the Oak Cliff area between 11:30 p.m. and 7:30 a.m. on the night in question and that he passed the service station every one and a half to two and a half hours while on duty. When he drove by at about 3:40 a.m., he saw an automobile with its headlights on in front of the office of the service station. He then saw a man walking bent over from inside the service station to the car with something in his hand which he put in the car. Officer Gowin approached the station and the man looked up, turned around and walked back into the station closing the door behind him. He then looked through the door at the officer, took a sock off his right hand and let it drop to the floor. He testified that this man was the appellant. The officer recovered the sock which was introduced into evidence. Officer Gowin asked the appellant what he was doing, and "[He] said he came in to get some gas and that it looked like somebody had broken into the office." The officer then placed the appellant under arrest and found a padlock in his right front pocket. He noticed that the hasp on the lock had been pried off the door and the cigarette cabinet inside the station had been pried open and the handle was torn off. Two cartons of cigarettes were found in the automobile that was parked at the station. A pry-bar with some white paint on it was found under the cigarette machine and there was white paint on the front door of the service station.