Knox v. State

OPINION

Before ONION, P. J., and ROBERTS and W. C. DAVIS, JJ. ONION, Presiding Judge.

This is an appeal from a conviction for possession of heroin, where the punishment was assessed by the jury at five (5) years, probated.

Appellant’s sole contention is that the heroin in question was seized incident to an unlawful arrest and hence was inadmissible in evidence. Appellant argues that the court erred in overruling his supplemental motion to suppress because the affidavit or complaint on which the capias ordering the arrest of the appellant was not based on probable cause.

On May 5, 1976 a complaint…