Nicholas v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for rape. Trial was before the court upon a plea of not guilty. Punishment was assessed at thirty-five years.

Appellant contends that his arrest without a warrant and the search conducted incident thereto were violative of his State and Federal constitutional rights.

Houston Police learned from the National Crime Information Center computer that appellant was wanted for parole violation in New Mexico. A telephone conversation to New Mexico authorities, as related by an officer who overheard the call, confirmed that appellant was…