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GUZMAN v. STATE

No. 44140.

471 S.W.2d 845 (1971)

John GUZMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 26, 1971.

Attorney(s) appearing for the Case

Herrington, Levbarg, Weeks & Jones, Inc., by T. Allen Herrington, Austin, for appellant.

Robert O. Smith, Dist. Atty., Phillip A. Nelson, Jr., and H. Kelly Ireland, Asst. Dist. Attys., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for possession of heroin with the punishment being assessed at 20 years.

The record reflects that on February 7, 1970, around 10 a. m. Sgt. Jerry Spain, a two year veteran of the narcotics detail of the Austin Police Department, received two calls while patrolling. As a result of such calls Spain in company with Sgt. Hersom went first to a drug store on East 1st Street and then to...

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