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McCARY v. STATE

No. 44565.

477 S.W.2d 624 (1972)

Forrest Edward McCARY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 5, 1972.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas (on appeal by appointment), for appellant.

Henry Wade, Dist. Atty., John B. Tolle and Harry J. Schulz, Jr., Asst. Dist. Attys., Dallas, 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 where the punishment was assessed at twenty years by the court following a verdict of guilty.

The State's brief accurately summarizes the facts as follows:

"On November 27, 1968, State and Federal officers conducted a search of an apartment at 1615 Pennsylvania Avenue, Dallas, Texas, pursuant to a State search warrant. When Officer Hendry knocked...

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