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GENTRY v. STATE

No. 106-82.

640 S.W.2d 899 (1982)

Michael Ray GENTRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 27, 1982.

Attorney(s) appearing for the Case

Ross Teter, J. Thomas Sullivan, Dallas, on appeal only, for appellant.

Henry Wade, Dist. Atty., Gregory S. Long, Robert Whaley and Mike Keasler, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON DISCRETIONARY REVIEW WITHOUT PETITION

CLINTON, Judge.

The question presented is whether blood coursing through a human body is an "item" within the meaning of Article 18.02(10), V.A.C.C.P., which reads as follows:

"A search warrant may be issued to search for and seize: * * * * * * (10) property or items, except the personal writings by the accused, constituting evidence...

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