What Is the Legal Definition of ''Conceal'' ?
Under section 37.09, appellant must have concealed the cocaine with the intent to impair its availability as evidence in some kind of investigation. See Tex. Penal Code Ann. 37.09.
The statute does not define "conceal," and we could locate no authority, nor was any cited to us, that explains "conceal" under section 37.09.
In Dillard v. State, 640 S.W.2d 85 (Tex. App.--Fort Worth 1982, no pet.), the court dismissed a prosecution under section 37.09 because the court found that the defendant's confession, in which he admitted he had possession of the contraband at the very time he was questioned by the police and denied possession, was inadmissible. See 640 S.W.2d at 86.
After the court excluded the defendant's testimony, it concluded that there was no evidence that the defendant "concealed or secreted" the contraband during the investigation. See id.
Dillard, however, offers little guidance on the meaning of "conceal" under section 37.09.