Legal Opinion · Dissent

Colston v. State

Court of Criminal Appeals of Texas

Decided July 2, 1974No. 46658Published

1DissentDouglas, Judge

The United States Supreme Court in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), upheld a seizure of a weapon upon less cause than is shown in the present case.

The officers in the instant case were informed by teletype from a narcotics officer that James R. Colston and Tom Hutchinson were heavily armed and had more reason to investigate than the officer in Terry v. Ohio, supra.

In Terry, Officer McFadden of the Cleveland Police Department testified that while he was on patrol in the afternoon his attention was drawn to two men, Chilton and Terry, standing on the corner of…

2Cases cited4 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Taylor v. StateCourt of Criminal Appeals of Texas · 1967
  3. Breckenridge v. StateCourt of Criminal Appeals of Texas · 1970
  4. Walthall v. StateCourt of Criminal Appeals of Texas · 1972

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