Warrick v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of misdemeanor possession of marihuana; the punishment is confinement in the county jail for thirty days and a fine of $200. The appellant was granted probation.

The appellant’s sole contention is that the marihuana was obtained in a search after he was unlawfully arrested. The appellant cites and relies mainly upon Article 14.01, V.A.C.C.P. and Honeycutt v. State, 499 S.W.2d 662 (Tex.Cr.App.1973).

At approximately 10:00 a.m. a police officer observed two cars which had been in a minor accident. The appellant was beside his…