ALLEN v. STATE

No. 45391.

487 S.W.2d 120 (1972)

William Vernon ALLEN, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 29, 1972.


Attorney(s) appearing for the Case

Will Gray, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Richard Hoffman, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for unlawful possession of a narcotic drug, towit: demerol; trial was before the court and punishment was assessed at fifteen years.

Appellant contends his verbal expression of consent to search his automobile, service station and apartment did not constitute waiver of his constitutional right to refuse consent, and that "the contraband recovered from his apartment was the fruit of...

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