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EX PARTE KIRBY

No. 46442.

492 S.W.2d 579 (1973)

Ex parte Donald Lee KIRBY.

Court of Criminal Appeals of Texas.

Rehearing Denied April 18, 1973.

Attorney(s) appearing for the Case

Donald Lee Kirby, pro se.

Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This is a post-conviction habeas corpus proceeding under Article 11.07, Vernon's Ann.C.C.P.

Petitioner was convicted of unlawful possession of heroin and his punishment was assessed at 15 years. The judgment was affirmed by this court in Kirby v. State, Tex.Cr.App., 406 S.W.2d 443.

Briefly, two detectives for the City of Dallas obtained a search warrant to search an apartment in Irving...

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