BRAY v. STATE

No. 57918.

597 S.W.2d 763 (1980)

David Glenn BRAY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied May 14, 1980.


Attorney(s) appearing for the Case

DeEdward J. Greer, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough, and J. Michael Wilkinson, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ONION P. J., and ROBERTS, and CLINTON, JJ.


OPINION

ROBERTS, Judge.

The appellant was found guilty of possession of heroin. Having twice previously been convicted of felonies as alleged, he was sentenced to confinement for life. He argues that the trial court erred in admitting into evidence the heroin (and a syringe) because it was discovered through an unlawful search. The State argues that the search was proper under the "emergency" doctrine.

The emergency doctrine is an exception to the...

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