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GREEN v. STATE

Nos. 55590, 55591.

594 S.W.2d 72 (1980)

Benjamin GREEN, Appellant, v. The STATE of Texas, Appellee. Randall Corcoran MABRY, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied March 5, 1980.

Attorney(s) appearing for the Case

William W. Morris, San Antonio, for appellants.

Felipe Reyna, Dist. Atty., and Karen R. Cable, Asst. Crim. Dist. Atty., Waco, Robert Huttash, State's Atty., Austin, for the State.

ONION, P. J., and ROBERTS and W. C. DAVIS, JJ.

OPINION

ROBERTS, Judge.

This is a joint appeal from convictions for possession of heroin. Each appellant pled not guilty and each was convicted by the court who assessed appellant Green's punishment at 15 years' confinement and appellant Mabry's punishment at 6 years' confinement.

Appellants both contend that the heroin was seized as the result of an unlawful arrest and therefore, should have been excluded...

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