Royal v. State

OPINION

MORRISON, Judge.

The offense is possession of heroin with a prior conviction for an offense of the same nature alleged for enhancement; the punishment, 25 years.

The brief submitted by appellant’s most capable court appointed attorney concedes that his case will stand or fall on appeal on the question of the validity of the search warrant and the subsequent search.

The affidavit is identical in all material respects to that which we upheld in Brown v. State, Tex.Cr.App., 437 S.W.2d 829, certiorari denied, 393 U.S. 1089, 89 S.Ct. 850, 21 L.Ed.2d 782, and we adhere to our holding in that…