EARLEY v. STATE

No. 61708.

635 S.W.2d 528 (1982)

Roger Dale EARLEY, Appellant, v. The STATE of Texas, Appellee.

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

July 7, 1982.


Attorney(s) appearing for the Case

William G. Rosch, III, Houston, court appointed on appeal only, for appellant.

Carol S. Vance, Dist. Atty., Raymond E. Fuchs, Connie Williams, Asst. Dist. Attys., Houston, and Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and CLINTON, JJ.


OPINION

CLINTON, Judge.

This is an appeal from a conviction for the offense of burglary of a habitation; the punishment was assessed by the court at 13 years imprisonment in the Texas Department of Corrections.

Appellant asserts in his sole ground of error that evidence, admitted over his counsel's timely objection, was obtained by an unlawful arrest, search, and seizure made in violation of his constitutional rights. We agree; the judgment must...

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