dissenting.
There was probable cause both to arrest and search the appellant and the marihuana which he had in his possession was lawfully obtained. Officer Elkin was answering a disturbance call. He saw the appellant who fit the description of the man he was looking for on the side of a four lane highway in an industrial area on the outskirts of Houston at approximately 1:30 p. m. The flow of traffic was moderate to heavy in the daylight hours. The officer who was in full uniform and driving a marked patrol car stopped, engaged the appellant in conversation, and asked the appellant to identify himself. The appellant’s speech was slurred, he was running his words together, he appeared to be “cotton mouthed,” he was unsteady on his feet, and leaned against the patrol ear. Although the officer was from one and one-half to two feet away from the appellant he could not detect the smell of an alcoholic beverage on the appellant’s breath. The officer concluded that the appellant “was intoxicated by some unknown substance.” The appellant in this condition was walking near a four lane highway on which were travelling “all kinds [of] cars, trucks, and trailer rigs.” There was probable cause to believe that the appellant while in a public place was under the influence of some substance to the degree that he would endanger himself or another. See V.T.C.A. Penal Code, Sec. 42.08(a); Balli v. State, 530 S.W.2d 123 (Tex.Cr.App.1975); Bentley v. State, 535 S.W.2d 651 (Tex.Cr.App.1976); Dickey v. State, 552 S.W.2d 467 (Tex.Cr.App.1977). The officer had probable cause to arrest and search the appellant. It was at this time that the officer said:
*382“I had already drawn a conclusion that the [appellant] was intoxicated. I did observe the bulge in his right front pocket. I asked him to produce the bulge because I myself didn’t know if it was a weapon or what. He started pulling it out and I could see it was a plastic baggie.”
The officer as well as an expert witness identified the material in the bag as marihuana. The marihuana was lawfully obtained and the court did not err in admitting it in evidence. The judgments should be affirmed. I dissent.