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McDOLE v. STATE

No. 56734.

579 S.W.2d 7 (1979)

Jack Adams McDOLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

April 4, 1979.

Attorney(s) appearing for the Case

Dick DeGuerin, Houston, for appellant.

Carol S. Vance, Dist. Atty., Clyde F. DeWitt, III, and William E. Taylor, III, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and ODOM, JJ.

OPINION

DOUGLAS, Judge.

Jack Adams McDole appeals his conviction for possession of cocaine. Punishment was assessed by the court at twelve years. McDole's sole contention on this appeal is that the cocaine was seized as a result of an illegal warrantless search. We agree and reverse.

The evidence concerning the legality of the search was developed at both a pre-trial suppression hearing and in greater detail at the trial. We will consider the evidence...

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