Richard Leal v. State Texas

It is contended in the first and fifth grounds of error that the court erred in refusing to charge on circumstantial evidence, and that the evidence is insufficient to support the conviction. The record reflects that about noon on the 18th day of July, 1963, Michael Chavez, a narcotics officer of the Houston Police Department, saw Leal, whom he knew, drive upon a parking lot of a Dairy Queen Cafe at the intersection of Broadway and Manchester Streets in Houston. Leal got out of the car and walked to the rear of the building. Officer Chavez saw Antonio Arrendondo, whom he also knew, drive upon the parking lot and park. Leal went to the car and Arrendondo handed him a green cellophane paper. Officer Chavez, with his partner, drove up and got out of their car. Chavez stated that they were police officers and reached for the paper. Leal dropped the green cellophane paper inside the car. Chavez opened the car door immediately. He saw the same paper or package on the floorboard between the seat and the door and picked it up. Arrendondo at this time had fifty dollars in his left hand. The contents of the package appeared to be and was later ascertained to be heroin. Officer Chavez further testified that no other cellophane package was found in the car.