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PIERRON v. STATE

No. 44448.

475 S.W.2d 775 (1972)

Gary Paul PIERRON et al., Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 23, 1972.

Attorney(s) appearing for the Case

Phillip Bordages, Beaumont, for appellants.

Tom Hanna, Dist. Atty., and John R. DeWitt, Asst. Dist. Atty., Beaumont, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

These are appeals from jury convictions of possession of narcotic paraphernalia. Punishment was assessed by the Court at three years probated for all appellants except Gary P. Pierron, whose punishment was set at five years probated.

The record reflects that officers positioned themselves at a vantage point just behind and below the top of a levee, some fifty feet from where appellants were standing, in a circle, smoking...

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