Leonard v. State of Texas

OPINION

DALLY, Commissioner.

The convictions are for the possession of marihuana; the punishment for each appellant, three years imprisonment, probated.

The only ground of error presented is that “The trial court erred in denying appellants’ Motion to Suppress the fruits of the search and in admitting such evidence, over objections, in violation of appellants’ rights under the Fourth, Fifth and Fourteenth Amendments to the United States Constitution.”

Mergele, a San Antonio police officer, while on patrol near the Jefferson High School at approximately 1:30 p. m., stopped a station wagon which…