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GORRELL v. STATE

No. 43926.

468 S.W.2d 95 (1971)

Aubra D. GORRELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 16, 1971.

Attorney(s) appearing for the Case

Laird Palmer, Austin, for appellant.

Robert O. Smith, Dist. Atty., Philip A. Nelson, Jr. and Lawrence Wells, Asst. Dist. Attys., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is the possession of heroin; the punishment ten (10) years.

The sole ground of error is the legality of the search of the appellant's person. Patrolman Gambrell testified that while on patrol on the night in question, he passed two men who were walking on Congress Avenue and that one of them was stumbling as he walked. Gambrell turned around and drove near where the appellant and his companion would be. He again...

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