Court of Criminal Appeals of Texas

Mark Allen Wood, Appellant v. the State of Texas, Appellee

November 6, 19741974 Tex. Crim. App. LEXIS 1929

Summary

The Texas Court of Criminal Appeals affirmed Mark Allen Wood’s murder conviction, holding that the arraignment conducted in the jury’s presence was harmless error, that the officer’s pat‑down of Wood and the subsequent search of the automobile were valid under Terry‑type stop and frisk doctrine, that the jury instruction defining “presence” was proper, and that the evidence was sufficient to sustain the conviction. The Court reasoned that the totality of the circumstances showed no prejudice and that the searches were justified by officer safety. Justice Douglas, concurring, agreed with the result but argued that the Wilson case should be overruled and emphasized the officer’s safety justification for the automobile search.