Bruce Miller v. N. S. Smith, Individually and in His Capacity as a Member of the Dallas Police Department

COLEMAN, Chief Judge.

On January 4, 1967, Bruce Miller was arrested for robbery with firearms and has since been continuously in prison. Miller pleaded guilty to the charge but this was set aside because the trial court had not sufficiently apprised him of the possible punishment, Miller v. State, 424 S.W.2d 430 (Tex.Cr.App.1968). Upon remand, Miller stood trial and was convicted. This conviction was affirmed, Miller v. State, 472 S.W.2d 269 (Tex.Cr.App.1971). The appellate court held specifically that Miller’s arrest was lawful because it had been made on probable cause, 472 S.W.2d at 272.1

Mor…