TYLER v. STATE

No. 28209.

293 S.W.2d 775 (1956)

Olin TYLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 13, 1956.

On Second Motion for Rehearing October 10, 1956.


Attorney(s) appearing for the Case

E. Colley Sullivan, O. M. Street, Dallas, for appellant.

Henry M. Wade, Dist. Atty., A. D. Bowie and George P. Blackburn, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for the unlawful possession of a narcotic drug, to wit, heroin; the punishment, eight years in the penitentiary.

The testimony of two police officers of the City of Dallas shows that as they entered a room in an apartment house they saw appellant place an article in his mouth which they caused him to expel. They then seized the article and placed it in an envelope which was sealed and marked for identification purposes...

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