Green, Alias Douglas v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

We find at page 3 of the transcript a motion to strike from the record the evidence of the officers to the effect that they arrested the appellant on the street in the city of Uvalde and took from his person a pistol and other articles; that the defendant fled and was shot by the witness Miller and retained in custody of the officers. The motion is based upon the ground that the evidence was not admissible in the absence of a search warrant, and that there being no search warrant, the evidence was obtained in violation of Arts. 4 and 4a, C. C.…