No. 37014.

383 S.W.2d 418 (1964)

Curtis Gale DOBY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 28, 1964.

Attorney(s) appearing for the Case

Orville A. Harlan, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and James I. Smith, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Presiding Judge.

The offense is the unlawful possession of a narcotic drug; the punishment, enhanced by a previous conviction in 1953 for passing a forged instrument and a conviction for burglary in 1956, life.

Officers, searching an apartment under authority of a search warrant, saw the appellant throw a glass jar out the back door; throw a package containing a syringe, a needle and eye droppers, which hit one of the officers and fell to the floor...


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