Whitworth v. State

MORSE, Justice.

This is an appeal from a conviction for possession of Lysergic Acid Diethylamide in violation of the Texas Controlled Substances Act. In a trial before the court, appellant was found guilty and received a three year probated sentence.

On May 22, 1979, Houston police stopped appellant for running a stop sign. Appellant was not a Houston resident but lived in Beaumont, Texas. Since the officer believed Beaumont to be more than 50 miles from Houston, he arrested the appellant per a Houston Police Department policy which provides that if a traffic violator lives more than 50 miles…