Court of Criminal Appeals of Texas

Winnie R. Ebarb, Appellant v. the State of Texas, Appellee

May 28, 19801980 Tex. Crim. App. LEXIS 1223

Summary

The Court reversed the conviction and remanded because the handgun was obtained from an investigatory stop that lacked specific and articulable facts to justify the stop, rendering the plain‑view observation unlawful; the error was not harmless. Several dissenting judges argued that no illegal stop occurred and that the evidence should have been admitted.