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CHERRY v. STATE

No. 44735.

479 S.W.2d 924 (1972)

James Arthur CHERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 31, 1972.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas (Court appointed on appeal), for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for the possession of heroin; the punishment, enhanced by proof of two prior non-capital felony convictions under the provisions of Article 63, Vernon's Ann.P.C., life imprisonment.

The appellant urges that the evidence is insufficient to sustain the conviction.

Several Dallas police officers, assigned to the Narcotics Division, armed with a search warrant, went to a house located at 1900 Pennsylvania...

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