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SMITH v. STATE

No. 48893.

514 S.W.2d 749 (1974)

Robert Earl SMITH and Elida Cavazos Smith, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 23, 1974.

Attorney(s) appearing for the Case

Clyde W. Woody and Marian S. Rosen, Houston, for appellants.

Carol S. Vance, Dist. Atty., Phyllis Bell, Charles Cate, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

Appellants Robert Earl Smith and Elida Cavazos Smith, husband and wife, were jointly indicted and tried for unlawful possession of heroin, a narcotic drug. The jury returned a verdict of guilty against each appellant. The court assessed punishment of Robert Earl Smith at ten years' confinement and of Elida Cavazos Smith at three years, probated.

The record reflects that at 7:50 P.M., October 14, 1971, five police officers...

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