Tovar v. State

OPINION

NYE, Chief Justice.

This is an appeal from a conviction for possession of marihuana in an amount less than five pounds but more than four ounces. Appellant asserts four grounds of error, the second of which we find is cause for a reversal of the conviction: that the trial court improperly allowed the introduction of an alleged involuntary confession.

Shortly after midnight on June 24, 1984, appellant was observed by a Wharton police officer attempting to unlock the door of a parked car. The car was in a private parking lot in front of a local tavern. Seeing that the appellant was having…