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BATISTE v. STATE

No. 43505.

464 S.W.2d 149 (1971)

Phillip Morris BATISTE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 10, 1971.

Attorney(s) appearing for the Case

Paul Chitwood, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, ten (10) years.

Appellant's first ground of error relates to the legality of his arrest and a search of his person. Officer Williams testified that while on patrol on the night in question at 12:55 a. m., and while driving down an alley without lights, he observed two men behind a closed "business house;" when he illuminated his lights, the two men ran.

He gave chase...

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