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EDWARD MCARTHUR BROWN v. STATE (12/18/57)

decided: December 18, 1957.

EDWARD MCARTHUR BROWN
v.
STATE



Possession of Heroin, a Narcotic Drug. Appeal from Criminal District Court No. 2 of Dallas County; penalty, life imprisonment. Hon. Henry King, Judge Presiding.

COUNSEL

No attorney for appellant of record on appeal.

Henry Wade, Criminal District Attorney, Lem H. Brotherton, Joseph M. Joiner, A. D. Bowie, Assistants District Attorney, Dallas, and Leon Douglas, State's Attorney, Austin, for the state.

Dice, Judge.

Author: Dice

[ 165 Tex. Crim. Page 388]

    The conviction is for the unlawful possession of heroin, a narcotic drug; the punishment, life imprisonment. Detective C. H. Cavender, of the Dallas Police Department, testified that on the evening of December 20, 1956, around 7:30 P.M., he drove to the vicinity of Oakland and Pennsylvania Streets in the city of Dallas in a panel truck; that he was accompanied by his partner, Officer Day, and Tommy Lee Kelly, a special employee working for them in obtaining evidence in narcotic cases; that before they arrived at their destination he

[ 165 Tex. Crim. Page 389]

    and his partner searched Kelly for narcotics, found none on him, and then gave him $28.00 in bills; that when they arrived the truck was parked on Pennsylvania Street some forty feet from the corner and Kelly got out, walked across the street to the corner where he stood for some forty-five minutes to an hour in view of the detectives who had remained in the truck; that after a colored man came to the corner and "it looked like he said something to him," Kelly returned to the truck and after having a conversation with the officers walked back to the corner and went north on Oakland; that Officer Day then got out of the truck and he (Cavender) drove the truck around the block and parked on Peabody Street where he could observe Kelly standing near the corner of Oakland and Peabody Streets; that after ten or fifteen minutes he observed a person, whom he identified as the appellant, come to the corner and "Kelly gave this person something and he in turn gave Kelly something." Detective Cavender further testified that he continued to observe Kelly after the transaction and, after he had followed him in the truck and picked him up, Kelly delivered to him four white capsules which he in turn delivered to Lieutenant Frazier.

The evidence was undisputed that a chemical analysis was thereafter made of the four capsules and showed that each contained heroin.

The state called as witnesses Detective Kenneth Day and Tommy Lee Kelly whose testimony substantially corroborated that of Detective Cavender.

In his testimony Kelly identified the appellant as the person who delivered to him the four capsules of heroin after he had given the appellant the sum of $28.00 and testified that he gave the capsules to Detective Cavender.

As a witness in his own behalf appellant denied the transaction with Kelly; testified that he did not see him on that day and denied that he possessed any narcotics on the night in question.

Appellant further testified to an alibi, and called witnesses to support such defense and to testify as to his good ...


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