Wheeler v. State

OPINION

ONION, Judge.

This is an appeal from a conviction for the possession of marihuana. After a trial before a jury, the punishment assessed by the Court was thirty (30) years confinement in the Texas Department of Corrections.

In the early morning hours of May 14, 1966, officers of the Dallas Police Department, armed with a search warrant and an arrest warrant, forcibly entered appellant’s home after no one answered their knocks. The validity of the search is not challenged on appeal. Subsequent to their entry, appellant asked the officers if he could go to the bathroom. This request was…