Allen v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for unlawful possession of a narcotic drug, to-wit: demerol; trial was before the court and punishment was assessed at fifteen years.

Appellant contends his verbal expression of consent to search his automobile, service station and apartment did not constitute waiver of his constitutional right to refuse consent, and that “the contraband recovered from his apartment was the fruit of the primary illegality arising from his initial detention and the invalid search of his automobile.”

Narcotic Agents Martinez and Curtis, along with…