Kann v. State

Believing that the disposition of the instant case is controlled by Gonzalez v. State, 588 S.W.2d 355 (Tex.Crim.App.1979), I concur with the majority opinion. The officers in Gonzalez came to the defendant’s rural home for the purpose of general inquiry. They parked in the driveway and knocked on the front door. Receiving no response, they began inspecting the yard. One officer followed a well-beaten path to a dilapidated outhouse. Immediately outside the outhouse, he saw marijuana “residue” laying on the ground. He then shined his flashlight through the cracks in the outhouse and saw a large…