Court of Criminal Appeals of Texas

Benjamin Herbert Boyle Aka Mr. Whipple, Appellant v. the State of Texas, Appellee

May 15, 1991820 S.W.2d 122

Summary

The Court initially reversed the capital murder conviction, holding that the material‑witness attachment was a pretextual, unlawful arrest and that the resulting consent search was tainted. On rehearing, the Court granted the State's motion, found the third‑party consent from the truck owner valid, deemed any error harmless, and affirmed the conviction. Justice Baird concurred in the affirmation but argued the third‑party consent analysis was incorrect.