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FERNANDEZ v. STATE

No. 26102.

254 S.W.2d 1004 (1952)

FERNANDEZ v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied February 18, 1953.

Attorney(s) appearing for the Case

No attorney on appeal for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.

WOODLEY, Commissioner.

The conviction is for possession of marihuana; the punishment, 3 years in the penitentiary.

According to the state's testimony, appellant approached one John Pinchback in a cafe and offered to sell him a cigarette for 25 cents. Pinchback asked appellant to wait until he came back with the money and left the cafe.

Shortly thereafter Pinchback returned, followed by a city patrolman...

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