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FRY v. STATE

No. 44537.

493 S.W.2d 758 (1972)

Larry William FRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 24, 1972.

On Motion for Rehearing April 18, 1973.

Second Rehearing Denied May 9, 1973.

Attorney(s) appearing for the Case

Laird Palmer, Austin, for appellant.

Robert O. Smith, Dist. Atty., Phoebe Lester, and Michael J. McCormick, Asst. Dist. Attys., Austin, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

On State's Motion for Rehearing April 18, 1973.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of burglary. Punishment was assessed by the court at 12 years.

The question presented for our review is whether there was a lawful arrest and search of appellant and a lawful search of his automobile.

The record reflects that during the late evening or early morning hours of January 17-18, 1970, the Green Leaf Nursery...

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