LaRue v. State

I cannot agree with the majority opinion in this case. Appellant urges error in the trial court’s overruling his motion to suppress and in admitting the marijuana into evidence. Appellant admitted possession of the marijuana during the trial of the case. The defendant was not forced to take the stand and explain his possession of the marijuana. Rather, he made a voluntary election to testify, admit his possession, and attempt to explain his possession to the satisfaction of the jury. I do not believe that a defendant should be allowed to admit his possession and then seek a reversal based on…