GARCIA v. STATE

No. 43127.

459 S.W.2d 839 (1970)

Cruz GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 9, 1970.


Attorney(s) appearing for the Case

John W. O'Dowd, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and James A. Moseley, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The conviction is for the possession of heroin; the punishment was assessed at ten years.

The trial was before the court on a plea of not guilty.

The record reflects that officers found a package of heroin in appellant's pocket.

Appellant contends that the officers did not have probable cause to arrest and search him without a warrant. On the motion to suppress and during the trial the following evidence was...

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