OHLER v. STATE

No. 32017.

338 S.W.2d 466 (1960)

Hugh Jefferson OHLER, Jr., Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 8, 1960.


Attorney(s) appearing for the Case

C. C. Divine, Houston, for appellant.

Dan Walton, Dist. Atty., Samuel H. Robertson, Jr., and Gus J. Zgourides, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for the possession of heroin with two prior convictions for felonies less than capital alleged for enhancement; the punishment, life.

From inside a garage, officers saw the appellant leave his house and enter an automobile, and then go to a point within a few feet of them, place his hand through a fence and pick up a cellophane package. He opened the package and placed two capsules in his right hand and closed and retained...

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