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ABERCROMBIE v. STATE

Nos. 48334, 48335.

528 S.W.2d 578 (1974)

Karl F. ABERCROMBIE, Appellant, v. The STATE of Texas, Appellee. Dennis G. DEAN, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 5, 1975.

Opinion in Rehearing October 15, 1975.

Attorney(s) appearing for the Case

Joe Slator Petsch, Del Rio, for Abercrombie.

Arturo C. Gonzalez, Del Rio, for Dean.

John F. Pettit, Dist. Atty., Edwin E. Springer, Asst. Dist. Atty., Del Rio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeals are taken from convictions for possession of marihuana. After verdicts of guilty were returned by the jury, punishment was assessed at seven years for appellant Dean and three years for appellant Abercrombie.

Appellants contend that "the search warrant issued by the magistrate was not based upon probable cause because the reliability, if any, of the undisclosed informant was not established in the affidavit."...

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