(Download) "Jesse Capuchino v. State Texas" by Court of Criminal Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Jesse Capuchino v. State Texas
- Author : Court of Criminal Appeals of Texas
- Release Date : January 24, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Austin Police Officers Gann and Conner testified that in response to a call from the owner of a certain motel informing them that appellant, whom they knew, had rented a cabin, they went to the motel in the city, where, with the permission of the owner, they set up a surveillance on cabin number one. They were using cabin number two for such purpose. From cabin two Gann walked along a graveled walkway to a spot near the window of cabin one where he was able to see through the window, as the venetian blinds were not closed and were in a poor state of repair, into cabin one where he observed appellant and his companion, Rudy Gil, both take showers and then leave. The surveillance continued, and appellant and Gil returned to the cabin later that night. The officers continued their vigil at the window, saw appellant walk away from the cabin and then return bringing with him a package and when he opened it in the cabin they saw that it contained a hypodermic needle, an eyedropper and a bottle cap. Appellant reached up to a board across the closet door frame and then removed his shirt and took the needle and eyedropper as a unit into the bathroom. Shortly thereafter he came out of the bathroom and placed the unit on the dresser where Gil picked it up and he in turn entered the bathroom. At this juncture the officers went to the door preparing to open the screen and in doing so made a slight noise, whereupon appellant partially opened the door. Officer Gann announced their identity, forced his way by appellant and pulled Gil out of the bathroom. Conner restrained appellant, who was attempting to crawl away, and attempted to place him in a chair, but appellant broke loose from him, reached the commode and flushed it. After the pair were handcuffed, the needle was recovered from the toilet bowl and the bottle cap from the dresser. The eyedropper was not found. The chemist who tested the two articles found no Heroin in the needle, but did find approximately one-fifth of an average capsule of Heroin in the bottle cap. From the board above the door frame the officers recovered a box of gelatine capsules and a white powder which was later identified to be powdered sugar. Gann, an officer with many years of experience with narcotic drug violators, described the items as those normally used for self-injection by addicts. It was shown that powdered sugar is often used to dilute pure Heroin. After arresting the pair, the officers observed fresh needle marks on their arms and expressed opinions based upon their appearance and demeanor that they were under the influence of narcotics.