Evans v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for possession of heroin; the jury assessed punishment at imprisonment for 9 years.

Appellant contends that the trial court erred in overruling his motion to suppress and in admitting into evidence the heroin that was seized. We agree and reverse the judgment.

The record reflects that on February 27, 1974, at about 11:00 p. m., several officers from the Houston Police Department and the Harris County Sheriff’s Department arrived at a Houston motorcycle shop known as “Chopper’s Fair.” The officers had in their possession arrest…