Korn v. State

I concur with Judge Woodley as to the disposition of this cause, in affirming the judgment of the trial court. However, I am not in accord with his reasoning in reaching the result.

I think this case should be affirmed under the provisions of Art. 212, V.A.C.C.P., wherein a peace officer is authorized to arrest without a warrant an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony, or as an “offense against the public peace.” Haller v. State, 72 Tex.Cr.R. 294, 162 S.W. 872; Hackett v. State, 172 Tex.Cr.R. 414, 357 S.W.2d 391.

I…