Harris v. State

OPINION

BELCHER, Judge.

The conviction is for robbery with firearms; the punishment, ninety-nine years.

As ground for reversal, it is contended that:

“The arrest of appellant, being illegal in violation of the Fourth, Fifth, Ninth, and Fourteenth Amendments to the Constitution of the United States, the taking of appellant’s fingerprints upon arrest was the ‘fruit of the poisonous tree’ and thus inadmissible in evidence as was evidence of prints admitted as a result of comparison with the ‘tainted’ prints.”

The testimony reveals that about 9:30 p. m., February 14, 1967, Officer Smiddy in response…