Harris v. State

SMITH, Justice.

The appellant was convicted of burglary of a habitation. The trial court, upon a finding that the appellant was previously convicted of aggravated robbery, assessed his punishment at twenty years. The sole question posed in this case is whether the warrantless search for property in an apartment violated the rights of the appellant as set forth in the Fourth Amendment of the United States Constitution.

The evidence adduced during the trial reveals that a witness observed the appellant and two other black males back a purple Cadillac up to a Mr. Miller’s apartment, take property…