Aguilar v. State

OPINION

DOUGLAS, Judge.

The conviction is for possession of heroin; the punishment, thirty years.

The indictment alleged two prior Federal convictions for purchasing heroin. The State elected to abandon the habitual offender part of the indictment, and he was convicted for the primary offense.

Appellant contends in the first two grounds of error that the heroin was found as the result of an invalid search warrant, not based on probable cause, and that such heroin was erroneously admitted into evidence under the case of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964).

The…