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ALBITEZ v. STATE

No. 43307.

461 S.W.2d 609 (1970)

Antonio Reyes ALBITEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 27, 1971.

Attorney(s) appearing for the Case

Filemon B. Vela, Brownsville, for appellant.

F. T. Graham, Dist. Atty., Menton Murray, Jr., Asst. Dist. Atty., Brownsville, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is possession of dihydrocodeinone, a narcotic; the punishment, five (5) years.

Appellant's first ground of error attacks the sufficiency of the affidavit for the search warrant. We set forth the affidavit omitting the formal parts.

"I, Detective Roy Zepeda of the Brownsville Police Department, recently received information leading to the arrest of a subject and the subsequent seizure of a small amount...

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