Stewart v. State

681 S.W.2d 774 (1984)

Randolph Lewis STEWART, Appellant,

v.

The STATE of Texas, Appellee.

No. B14-83-203-CR.

Court of Appeals of Texas, Houston (14th Dist.).

October 4, 1984.

Bradford Yock, Houston, for appellant.

Calvin Hartmann, Asst. Dist. Atty., Houston, for appellee.

Before the court en banc.

OPINION ON MOTION FOR REHEARING EN BANC

SEARS, Justice.

On Motion for Rehearing, En Banc, the original opinion is withdrawn and the judgment of the Trial Court is reversed and remanded.

This case involves the question of whether a warrantless entry by police into the private apartment of Appellant was justified…