Draper v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for possession of heroin. Punishment, enhanced by proof of two prior felony convictions, as alleged, was assessed at life. We reverse.

Although the sufficiency of the evidence is not challenged, a brief recitation of the facts is necessary to place in perspective the grounds of error which appellant urges.

At 7:30 on the evening of December 19, 1975, Houston police officers executed a narcotics search warrant at the home of Jerry Birdwell. Approximately a quarter ounce of heroin was found and Birdwell and his wife were placed under…