Garcia v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of unlawful possession of a narcotic drug, to-wit: heroin. Appellant waived, in writing, his right to a trial by jury and the court found him guilty and assessed his punishment at 15 years.

Appellant’s sole ground of error on appeal is that: “The arrest of appellant and the search as incidental to the arrest is illegal because not based on sufficient probable cause.”

Officer D. W. Albert, a narcotics officer with the Houston Police Department, testified that between 1:00 and 1:15 A.M. on March 24, 1969, he received a telephone…