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ASHMORE v. STATE

No. 47778.

507 S.W.2d 221 (1974)

Timothy Reed ASHMORE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 6, 1974.

Attorney(s) appearing for the Case

Fred M. Bruner and Roy L. Merrill, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty., and William L. Hubbard, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for possession of marihuana. Trial was before the court upon a plea of not guilty. Punishment was assessed at two years, probated.

Appellant contends that the court erred in admitting into evidence marihuana seized in an unlawful search.

The record reflects that officers, armed with a search warrant, conducted a search in an apartment in Garland on August 30, 1972. The return...

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