Ablon v. State, 537 S.W.2d 267 (Tex. Crim. App. 1976). · Go Syfert
Ablon v. State, 537 S.W.2d 267 (Tex. Crim. App. 1976). Cases Citing This Book View Copy Cite
115 citation events (22 in the last 25 years) across 3 distinct courts.
Strongest positive: Makeitha Danae Simon v. State (texapp, 2020-03-31)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 33 distinct citers.
cited Cited as authority (rule) Makeitha Danae Simon v. State
Tex. App. · 2020 · confidence medium
App. 1976); Ablon v. State, 537 S.W.2d 267, 269 (Tex. Crim.
cited Cited as authority (rule) Tre Nicholas Willis-Webb v. State
Tex. App. · 2016 · confidence medium
App. 1976); Ablon v. State, 537 S.W.2d 267, 269 (Tex. Crim.
cited Cited as authority (rule) Juan Leal, Jr. v. State
Tex. App. · 2015 · confidence medium
App. 1978); Ablon v. State, 537 S.W.2d 267, 269 (Tex. Crim.
discussed Cited as authority (rule) Ex Parte Randall Bolivar
Tex. App. · 2012 · confidence medium
See Clapper v. State, 562 S.W.2d 250, 251 (Tex.Crim.App. [Panel Op.] 1978); Ablon v. State, 537 S.W.2d 267, 269 (Tex. Crim.App.1976); see also Henderson v. State, 681 S.W.2d 173, 174 (TexApp.-Houston [14th Dist.] 1984, pet. ref'd).
cited Cited as authority (rule) Chris Gerald Killgo v. State
Tex. App. · 2008 · confidence medium
App. 1977); Ablon v. State , 537 S.W.2d 267, 269 (Tex. Crim.
cited Cited as authority (rule) Jermaine Donte Murphy v. State
Tex. App. · 2006 · confidence medium
App. [Panel Op.] 1980); Ablon v. State , 537 S.W.2d 267, 269 (Tex. Crim.
discussed Cited as authority (rule) Murphy v. State
Tex. App. · 2006 · confidence medium
See Eubanks v. State, 599 S.W.2d 815, 817 (Tex.Crim.App. [Panel Op.] 1980); Ablon v. State, 537 S.W.2d 267, 269 (Tex.Crim.App.1976); Jackson v. State, 720 S.W.2d 153, 158 (Tex.App.-Houston [14th Dist.] 1986, pet. ref'd); Henderson v. State, 681 S.W.2d 173 (Tex.App.-Houston [14th Dist.] 1984, pet. ref'd); Harper v. State, 675 S.W.2d 529 (Tex.App.-Houston [14th Dist.] 1983, *760 pet. ref'd).
cited Cited as authority (rule) Hollie Mac Cathey v. State
Tex. App. · 2004 · confidence medium
App. [Panel Op.] 1980); Ablon v. State , 537 S.W.2d 267, 269 (Tex. Crim.
discussed Cited as authority (rule) Enriquez, Thelma v. State (2×) also: Cited "see"
Tex. App. · 2004 · confidence medium
Ablon v. State , 537 S.W.2d 267, 269 (Tex. Crim.
discussed Cited as authority (rule) Alzarka, Loubaba v. State
Tex. App. · 2004 · confidence medium
However, the Court of Criminal Appeals has recognized as a A rule that the misspelling of a word does not render invalid an otherwise good indictment or information if the sense is not affected and the meaning cannot be mistaken. @ Ablon v. State , 537 S.W.2d 267, 269 (Tex. Crim.
cited Cited as authority (rule) Paul Todd Bilsing v. State
Tex. App. · 1999 · confidence medium
See id. ; see also Terry v. Ohio , 392 U.S. 1, 13 (1968); Albon v. State , 537 S.W.2d 267, 268-69 (Tex. Crim.
discussed Cited as authority (rule) Coffey v. State (2×)
Tex. Crim. App. · 1998 · confidence medium
Eubanks v. State, 599 S.W.2d 815, 817 (Tex.Cr.App.1980); Aguilar v. State, 542 S.W.2d 871, 874 (Tex.Cr.App.1976); Ablon v. State, 537 S.W.2d 267, 269 (Tex.Cr.App.1976).
discussed Cited as authority (rule) Robbie Eugene Hubbard, Jr. v. State (2×)
Tex. App. · 1998 · confidence medium
App. 1978); Ablon v. State , 537 S.W.2d 267, 269 (Tex. Crim.
discussed Cited as authority (rule) Cantu v. State
Tex. App. · 1997 · confidence medium
In Ablon v. State, 537 S.W.2d 267, 269 (Tex.Crim.App.1976), it was held that the misspelling of a word does not invalidate an otherwise good indictment if the sense is not affected and the meaning cannot be mistaken.
discussed Cited as authority (rule) Steven Dunlap v. State (2×)
Tex. App. · 1997 · confidence medium
App. 1978); Albon v. State , 537 S.W.2d 267, 268-9 (Tex. Crim.
discussed Cited as authority (rule) Banda v. State (2×)
Tex. Crim. App. · 1994 · confidence medium
See, Amores v. State, 816 S.W.2d 407, 415 (Tex.Cr.App.1991); Rojas v. State, 797 S.W.2d 41, 43 (Tex.Cr.App.1990); Glass v. State, 681 S.W.2d 599 (Tex.Cr.App.1984); Ferguson v. State, 573 S.W.2d 516, 522 (Tex.Cr.App.1978); Ablon v. State, 537 S.W.2d 267, 269 (Tex.Cr.App.1976); and, Mann v. State, 525 S.W.2d 174, 176 (Tex.Cr.App.1975).
cited Cited as authority (rule) Montoya v. State
Tex. App. · 1992 · confidence medium
Ablon v. State, 537 S.W.2d 267, 269 (Tex.Crim.App.1976).
cited Cited as authority (rule) Lopez v. State
Tex. App. · 1991 · confidence medium
McNeal v. State, 600 S.W.2d 807, 808 (Tex.Crim.App.1980) (misspelled name); Ablon v. State, 537 S.W.2d 267, 269 (Tex.Crim.App.1976) (misspelled word).
discussed Cited as authority (rule) Jackson v. State
Tex. App. · 1986 · confidence medium
Balli v. State, 530 S.W.2d 123, 125 (Tex.Crim.App.1975); Ablon v. State, 537 S.W.2d 267, 269 (Tex.Crim.App.1976); Eubanks v. State, 599 S.W.2d 815, 817 (Tex.Crim.App.1980); Harper v. State, 675 S.W.2d 529 (Tex.App.— Houston [14th Dist.] 1983, pet. ref’d); Henderson v. State, 681 S.W.2d 173 (Tex.App. — Houston [14th Dist.] 1984, pet. ref’d).
discussed Cited as authority (rule) Petty v. State
Tex. App. · 1985 · signal: cf. · confidence medium
Cf. Ablon v. State, 537 S.W.2d 267, 268-69 (Tex.Crim.App.1976) (police radio call may provide facts sufficient to authorize stop); Mann v. State, 525 S.W.2d 174, 175-76 (Tex.Crim.App. 1975) (anonymous telephone call may provide facts sufficient to authorize stop). 3 .
discussed Cited as authority (rule) Watts v. State
Tex. App. · 1983 · confidence medium
“It is a rule that the misspelling of a word does not render invalid an otherwise good indictment or information if the sense is not affected and the meaning cannot be mistaken.” Ablon v. State, 537 S.W.2d 267, 269 (Tex.Cr.App.1976).
discussed Cited as authority (rule) Tunnell v. State (2×)
Tex. Crim. App. · 1977 · confidence medium
In Ablon v. State, 537 S.W.2d 267, 268-269 (Tex.Cr.App.1976), we again held, in accord with well-established precedent, that a temporary detention of an individual for investigation is a less serious intrusion on personal freedom than an arrest.
discussed Cited as authority (rule) Ceniceros v. State (2×)
Tex. Crim. App. · 1977 · confidence medium
Ablon v. State, 537 S.W.2d 267, 269 (Tex.Cr.App. 1976) (and cases there cited). .
discussed Cited "see" Juan Leal, Jr. v. State
Tex. App. · 2015 · signal: see · confidence high
See Dunlap v. State, No. 03-95-00743-CR, 1997 Tex. App. LEXIS 1737 , *5-7, 1997 WL 152628 (Tex. App.—Austin 1997, pef. ref’d) (not designated for publication), citing Ablon v. State, 537 S.W.2d 267, 268-69 (Tex. Crim.
cited Cited "see" Michael Keith Luera v. State
Tex. App. · 2010 · signal: see · confidence high
See Ablon v. State, 537 S.W.2d 267, 269 (Tex. Crim.
cited Cited "see" Larry Walter Raleigh, Jr. v. State
Tex. App. · 2006 · signal: see · confidence high
See Ablon v.State , 537 S.W.2d 267, 269 (Tex. Crim.
discussed Cited "see" Jagaroo, Ramchand v. State
Tex. App. · 2005 · signal: see · confidence high
See Ablon v. State , 537 S.W.2d 267, 269 (Tex. Crim.
discussed Cited "see" Jagaroo v. State
Tex. App. · 2005 · signal: see · confidence high
See Ablon v. State, 537 S.W.2d 267, 269 (Tex.Crim.App.1976) (stating written probation revocation order controlled over court’s oral pronouncement at hearing); Eubanks v. State, 599 S.W.2d 815, 817 (Tex.Crim.App.1980) (same); Hubbard v. State, 896 S.W.2d 359, 361 (Tex.App.-Houston [1st Dist.] 1995, no pet.) (holding that written judgment controlled over oral pronouncement); Normand v. State, 686 S.W.2d 275, 277-78 (Tex.App.-Houston [14th Dist.] 1985, pet. ref'd) (stating that written judgment controlled over oral pronouncement of sentence).
cited Cited "see" Perkins v. State
Tex. App. · 1981 · signal: see · confidence high
See Ablon v. State, 537 S.W.2d 267 (Tex.Cr.App.1976); Lute v. State, 166 Tex.Cr.R. 357 , 314 S.W.2d 98 (1958).
cited Cited "see" Stewart v. State
Tex. Crim. App. · 1980 · signal: see · confidence high
See Ablon v. State, 537 S.W.2d 267 (Tex.Cr.App.1976).
discussed Cited "see" Ferguson v. State
Tex. Crim. App. · 1978 · signal: see · confidence high
See Ablon v. State, 537 S.W.2d 267 (Tex.Cr.App.1976); Milton v. State, supra; Crawford v. State, supra. To justify an investigative stop, an officer, in light of his experience and general knowledge, must point to specific and articulable facts which, taken together with rational inferences from those facts, warrant the intrusion on the person stopped for further investigation.
discussed Cited "see" Benoit v. State (2×)
Tex. Crim. App. · 1977 · signal: see · confidence high
See and cf. Ablon v. State, 537 S.W.2d 267 (Tex.Cr.App.1976).
discussed Cited "see" Crawford v. State
Tex. Crim. App. · 1976 · signal: see · confidence high
See Ablon v. State, 537 S.W.2d 267 (Tex.Cr.App.1976); Mann v. State, 525 S.W.2d 174 (Tex.Cr.App.1975); Hernandez v. State, 523 S.W.2d 410 (Tex.Cr.App.1975); Borner v. State, 521 S.W.2d 852 (Tex.Cr.App.1975); Wood v. State, 515 S.W.2d 300 (Tex.Cr.App.1974); Baity v. State, 455 S.W.2d 305 (Tex.Cr.App.1970); Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Adams v. Williams, 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972).
Bennett Ray ABLON, Appellant,
v.
the STATE of Texas, Appellee
52171.
Court of Criminal Appeals of Texas.
Jun 9, 1976.
537 S.W.2d 267
James P. Finstrom (court appointed), Dallas, for appellant., Henry Wade, Dist. Atty., Gary Love and Phil Dixon, Asst. Dist. Attys., Dallas, Jim D. Vollers, State’s Atty., and David S. McAngus, Asst. State’s Atty., Austin, for the State.
Onion.
Cited by 101 opinions  |  Published

OPINION

ONION, Presiding Judge.

This is an appeal from an order revoking probation. Appellant pled guilty before the court on October 22, 1974, to the offense of possession of a controlled substance, to-wit: lysergic acid diethylamide, and punishment was assessed at three (3) years’ confinement. The imposition of the sentence was suspended, and appellant was placed on probation subject to certain conditions of probation. Among the conditions of probation appellant was to:

“(a) Commit no offense against the laws of this or any other state or the United States.”

A motion to revoke probation was filed on April 15, 1975, and amended motions to revoke were filed on July 23 and August 6, 1975. On September 3, 1975, another amended motion was filed. It alleged in part that on July 13,1975, in Dallas County the appellant “did intentionally, knowingly and unlawfully possess a dangerous drug, to wit: Diazedam.”

At the conclusion of the hearing on such motion on September 3, 1975, the court revoked probation for violation of probationary condition (a) in that he possessed “diazepam.”

Initially appellant complains that the court erred in admitting into evidence the pills or drugs found on his person at the time of his warrantless arrest and search incident thereto.

Dallas City Police Officer S. B. Christian testified he was on patrol at 10:45 a. m. on July 13, 1975, when he received a police radio call that a suspicious person wearing a cowboy hat and boots, blue jeans and a green tank top shirt was in a fenced backyard at 4317 Shady Bend, where no one was home. The area described was a high burglary area.

When Christian drove down Shady Bend a short time later, he saw the appellant at the east side of the house at 4335 Shady Bend wearing the exact clothes given in the radio call. The house at 4335 Shady Bend was two houses away from 4317 Shady Bend. Christian drove into the driveway at 4335 Shady Bend and approached the appellant. When the appellant told Christian he did not live there, Christian asked for identification, which showed he lived several miles away. Christian then asked the appellant to step to the squad car and patted him down for a weapons search and noted a bulge in his pants pocket. The appellant took the bottle out and the officer took it. It was unlabeled and contained ten pills. The chain of custody was traced, and the chemist testified that after certain tests it was concluded the pills were diazepam, whose trade name is valium.

On cross-examination Christian testified that appellant was with a girl at 4335 Shady Bend who had told him that she lived there and the appellant had her permission to be there.

Cheryl Sayles testified that appellant was her boyfriend and was at the house with her permission when Officer Christian arrested him. She saw the bottle being taken from the appellant, and when shown the exhibit identified the pills as valium.

Appellant’s mother testified that the pills in question were hers.

Testifying in his own behalf, appellant stated he had been in the yard at 4317 Shady Bend when a man approached, asked his name and inquired what he was doing there. He stated that he then returned to his girlfriend’s house. He admitted upon the court’s questioning that he had the bottle with the pills in his pocket and that he had gotten the pills from his mother.

Circumstances falling short of probable cause for an arrest may justify temporary detention for purposes of investigation since an investigation is considered to be a[*269] lesser intrusion upon the personal security of an individual than is an arrest. See Mann v. State, 525 S.W.2d 174 (Tex.Cr.App.1975); Hernandez v. State, 523 S.W.2d 410 (Tex.Cr.App.1975); Borner v. State, 521 S.W.2d 852 (Tex.Cr.App.1975); Wood v. State, 515 S.W.2d 300 (Tex.Cr.App.1974); Baity v. State, 455 S.W.2d 305 (Tex.Cr.App.1970); Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972).

After receiving the call over the police radio, Officer Christian found the appellant wearing the exact clothing described only two houses from the location given in the call. It was in a high burglary area at the time most burglaries in that area occurred. Appellant’s identification showed he lived several miles away. He was asked to step to the squad car and, for the officer’s own safety, a pat down for weapons was made by the officer, who felt a hard object. The bulge in the pants pocket was obvious. The appellant removed the bottle from his pocket and the officer took the same from him.

In Terry v. Ohio, supra, the Court wrote:

“The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger.” See also Cox v. State, 442 S.W.2d 696 (Tex.Cr.App.1969).

We deem the frisk by the officer to have been proper under the circumstances. The evidence was properly admitted.

We also observe in passing that the revocation motion also alleged that appellant failed to work faithfully at suitable employment as far as possible. We observe at the conclusion of the hearing the court orally announced it was revoking probation for possession of dangerous drugs, but the written order revoking probation entered the same day also showed revocation was based upon failure to work faithfully at suitable employment as far as possible. The evidence would support such finding, and as we noted in Balli v. State, 530 S.W.2d 123 (Tex.Cr.App.1975), the written order controls over the oral announcement, and this is particularly true where the written order is included in the appellate record to which no objection has been addressed.

Next, appellant complains there was a material variance between the allegations in the amended motion to revoke probation filed on September 3,1975, and the proof in that the motion alleged he possessed “diaze-dam” and the proof showed he possessed “diazepam.” The chemist testified that the correct spelling of the name of the drug was “diazepam.”

It is a rule that the misspelling of a word does not render invalid an otherwise good indictment or information if the sense is not affected and the meaning cannot be mistaken. Gauthia v. State, 171 Tex.Cr.R. 522, 352 S.W.2d 129 (1961); Weeaks v. State, 163 Tex.Cr.R. 226, 289 S.W.2d 758 (1956). In Lute v. State, 166 Tex.Cr.R. 357, 314 S.W.2d 98 (1958), it was held that the spelling of the narcotic drug as “herion” instead of “heroin” did not vitiate the indictment. See also Florence v. State, 160 Tex.Cr.R. 591, 273 S.W.2d 631 (1954); Murphey v. State, 109 Tex.Cr.R. 524, 5 S.W.2d 988 (1928).

Further, we note that the allegations of a revocation motion need not meet the requirements of an indictment, and it is enough that such pleadings give the probationer fair notice of the allegations against him so that he may prepare a defense. See Figgins v. State, 528 S.W.2d 261 (Tex.Cr.App.1975); Antwine v. State, 518 S.W.2d 830 (Tex.Cr.App.1975); Fowler v. State, 509 S.W.2d 871 (Tex.Cr.App.1974).

There was no motion to quash the revocation motion. We do not think the spelling of the drug affected the meaning of the revocation motion or that the appellant was misled thereby.

Appellant’s contention is overruled.

Lastly, appellant contends the evidence is insufficient to show that diazepam is a dangerous drug as classified by the Texas Controlled Substances Act (Article 4476-15, Vernon’s Ann.C.S.). The chemist[*270] testified diazepam, whose trade name was valium, was a tranquilizer, and stated the same was a dangerous drug. Article 4476-15, Sec. 2.17(1), Vernon’s Ann.C.S., provides that tranquilizers are dangerous drugs regulated by the Act. We conclude the evidence was sufficient to show the appellant was in possession of a dangerous drug.

Appellant’s contention is overruled.

The judgment is affirmed.