Court of Criminal Appeals of Texas

Jerry M. Duff and Derrell M. Pendley, Appellants v. the State of Texas, Appellee

January 19, 19771977 Tex. Crim. App. LEXIS 935

Summary

The Court affirmed the convictions of Duff and Pendley, holding that the traffic stop was valid, the officer was authorized to approach the vehicle, and the odor and alleged seeds justified the search. It also held that the evidence was sufficient to link Pendley to the marihuana. Two dissenting opinions argued that the evidence did not establish Pendley's knowledge and that the judgment should be reversed and remanded.