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GILL v. STATE

No. 62833.

625 S.W.2d 307 (1980)

Robert Lee GILL, Jr., Appellant, v. The STATE of Texas, Appellee.

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

On Rehearing December 23, 1981.

Attorney(s) appearing for the Case

David B. Ziegler, Houston (Court-appointed), for appellant.

John B. Holmes, Jr., Dist. Atty., Clyde F. DeWitt, III, Rusty Hardin and James England, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and CLINTON, JJ.

OPINION

ROBERTS, Judge.

This appeal presents a question about the propriety of officers' breaking into the locked trunk of an automobile after finding a small quantity of suspected contraband in the passenger compartment. The appellant moved to suppress the fruit of such a search, and the trial court overruled his motion. We agree that that was error. We shall reverse the judgment, which was based on verdicts of a jury that found the appellant guilty of...

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