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KIRBY v. STATE

No. 39729.

406 S.W.2d 443 (1966)

Donald Lee KIRBY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 5, 1966.

Attorney(s) appearing for the Case

Robert B. Maloney, Dallas, for appellant.

Henry Wade, Dist. Atty., Robert H. Stinson, Jr., John H. Stauffer and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Judge.

The offense is the unlawful possession of heroin; the punishment, 15 years.

Sentence was pronounced and notice of appeal given on December 30, 1965.

The evidence admitted to the jury shows that A. L. Edwards, Detective for the City of Dallas, and his partner, Detective J. R. Helm, obtained a warrant to search an apartment in Irving, Dallas County. Accompanied by other Dallas police officers, they went to the Police...

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