Court of Criminal Appeals of Texas

Johnny Lee Hazel, Appellant v. the State of Texas, Appellee

March 31, 19761976 Tex. Crim. App. LEXIS 917

Summary

The Court affirmed the judgment, holding that unlawful carrying of a handgun under Penal Code §46.02 is a lesser included offense of unlawful possession by a felon under §46.05, that the evidence was sufficient to prove the appellant knowingly and intentionally carried the handgun, and that the pistol was discovered in plain view after a lawful stop, so the search was not illegal.