LUCKY v. STATE

No. 44031.

471 S.W.2d 81 (1971)

Bobby Dee LUCKY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 20, 1971.


Attorney(s) appearing for the Case

Evans, Marshall & Ribak by William W. Morris, San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles Butts, Bill White, Jules Sterling and Lucien B. Campbell, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the possession of heroin. The punishment was assessed by the jury at five years.

The record reflects that a package of heroin was taken from the appellant after he had placed it in his mouth at the time of the arrest.

The two complaints are that the arrest and search were not based on probable cause and that the court refused to instruct the jury on the legality of the arrest...

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