Smith v. State

COUNTISS, Justice.

Appellant was convicted of evading arrest, Tex. Penal Code Ann. § 38.04 (Vernon 1974) 1 and assessed punishment of 45 days in jail and a probated fine of $300.00. The primary question before this Court is whether a person fleeing from a Terry 2 investigatory stop is evading arrest under § 38.04. We conclude that he is not, and reverse and dismiss.

Responding to a midnight disturbance call from the Tip Top Club, City of Amarillo patrolman Dale Nivens arrived in his marked patrol car and encountered a large crowd of people standing in the parking area. As three of the patrons…