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OLTIVEROS v. STATE

No. 44344.

474 S.W.2d 221 (1971)

Ben OLTIVEROS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 21, 1971.

Attorney(s) appearing for the Case

James A. Bannerot, Austin, for appellant.

Robert O. Smith, Dist. Atty., Phoebe Lester, Asst. Dist. Atty., and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of unlawful possession of a narcotic drug, to-wit: heroin. The punishment was assessed by the court at 35 years.

Austin police officer Al Hersom testified that on April 3, 1970, he obtained a 1959 Pontiac automobile and picked up Willie Eaton at his residence in Austin. They went to the police pound where Eaton and the automobile were thoroughly searched. Eaton was caused to take...

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