ROBERTS v. STATE

No. 53003.

545 S.W.2d 157 (1977)

Morgan A. ROBERTS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 26, 1977.


Attorney(s) appearing for the Case

Robert J. Kuhn, Austin, for appellant.

Ted Butler, Dist. Atty., Gus E. Wilcox, E. Dickinson Ryman and H. Wayne Campbell, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of possession of heroin; the punishment, which is enhanced by prior felony convictions, is imprisonment for life.

Two grounds of error are presented. The appellant urges that the heroin and his confession were both obtained unlawfully in violation of his constitutional rights; therefore, he says, they were erroneously admitted in evidence.

The heroin was obtained...

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