Mottu v. State

OPINION

DALLY, Commissioner.

The conviction is for the possession of heroin. A prior conviction for possession of heroin was alleged for purposes of enhancement of punishment under the provisions of Art. 725b, Sec. 23(a), Vernon’s Ann.P.C. The jury assessed punishment, ninety-nine years.

The appellant’s only ground of error is that there was not probable cause for his warrantless arrest and that the fruits of the search incident thereto were erroneously admitted in evidence.

The appellant relies upon Giacona v. State, 164 Tex.Cr.R. 325, 298 S.W.2d 587; Aguilar v. Texas, 378 U.S. 108, 84 S.Ct.…