HARDINGE v. STATE

No. 46541.

500 S.W.2d 870 (1973)

Byron P. HARDINGE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 31, 1973.


Attorney(s) appearing for the Case

Gerald H. Goldstein, San Antonio, for appellant.

Ted Butler, Dist. Atty., Gordon V. Armstrong and Antonio G. Cantu, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of possession of marihuana; punishment was assessed at two years, probated.

By his sole ground of error, appellant contends that the trial court erred in overruling his motion to suppress for the reason that he was illegally arrested and any search incident thereto was the product of such illegal arrest. We agree and the cause is reversed.

The record reflects that on October...

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