Earley v. State

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 be reversed.

On February 18, 1977, the residence of Jerry Gulsby was burglarized. The Gulsby family was away, and only upon their return about 10:30 p.…