LUJAN v. STATE

No. 42630.

452 S.W.2d 917 (1970)

Daniel Gutierrez LUJAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 6, 1970.


Attorney(s) appearing for the Case

John R. Nelms, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Camille Elliott, James P. Finstrom, Harold Entz and Richard Mays, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

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

Trial was before a jury on a plea of not guilty. At appellant's election the punishment was assessed by the court.

The state's evidence reflects that while officers were engaged in searching a residence in the City of Dallas, under authority of a search warrant, appellant entered the house. When he came in Officer Hemby told him he was...

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