Green v. State

OPINION

ROBERTS, Judge.

This is a joint appeal from convictions for possession of heroin. Each appellant pled not guilty and each was convicted by the court who assessed appellant Green’s punishment at 15 years’ confinement and appellant Mabry’s punishment at 6 years’ confinement.

Appellants both contend that the heroin was seized as the result of an unlawful arrest and therefore, should have been excluded as evidence. We agree and reverse.

Waco police officer Robert Fuller testified that he first encountered the appellants at approximately 9 p. m. on January 20,1976, when he stopped them for a…