Diaz v. State

HOBSON, Judge.

This is an appeal by the appellant-defendant from a judgment of guilty for the crime of possession of a narcotic drug, to-wit: marijuana.

The sole question involved in this appeal is whether it was within the court’s province to determine if the arrest of the defendant was legal, thereby making the subsequent search and seizure valid when there was a conflict in the testimony as to whether the arrest resulted from "fresh pursuit.”

There is no dispute as to the fact that the defendant violated a municipal ordinance in the presence of the arresting officer. However, a conflict of…