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HERNANDEZ v. STATE

No. 49949.

523 S.W.2d 410 (1975)

Rafael HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 4, 1975.

Attorney(s) appearing for the Case

Gary J. Hill, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and Kevin E. Shannon, Asst. Dist. Atty., El Paso, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the burglary of a habitation; the punishment assessed by the court is imprisonment for five years.

The only issue presented is whether the court erroneously admitted evidence obtained by an El Paso police officer after the warrantless arrest of the appellant.

The appellant urges that his rights under the Fourth Amendment to the Constitution of the United States were violated...

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