Sullivan v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for murder. Appellant’s punishment was assessed at seventy-five years’ imprisonment.

Appellant contends that the trial court erred in overruling his motion to suppress and admitting the murder weapon, a twelve gauge shotgun, into evidence at trial. He relies on the Fourth Amendment to the United States Constitution; Article 1, Section 9 of the Texas Constitution, and Article 88.23, V.A.C.C.P.

After the jury was selected, and before the reading of the indictment to the jury, the court heard evidence on appellant’s motion to suppress the…