No. 52239.

545 S.W.2d 803 (1977)

James AVERY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 9, 1977.

Attorney(s) appearing for the Case

Tom Upchurch, Jr. and V. G. Kolius, Amarillo, for appellant.

Tom Curtis, Dist. Atty., Bruce P. Sadler, Asst. Dist. Atty., Amarillo, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.



This is an appeal from a conviction for keeping a gambling place. The jury assessed punishment at seven years' confinement in the Texas Department of Corrections.

The record reflects that on November 3, 1974, several law enforcement officials entered appellant's apartment in Amarillo, armed with a search warrant. While inside, they arrested the appellant and searched the apartment pursuant to the warrant. They seized items...

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