SIRVELLO v. STATE

No. 29863.

316 S.W.2d 753 (1958)

Benny SIRVELLO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 25, 1958.


Attorney(s) appearing for the Case

Clyde W. Woody, Houston, for appellant.

Dan Walton, Dist. Atty., Fred M. Hooey and Thomas D. White, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is possession of marihuana, the punishment, ten years.

Appellant was seen in a Houston restaurant with two companions by police officers. As they left the table where they ate, appellant and his companions passed the booth where the officers were sitting.

Officer Burke, the last to leave his seat in the cafe, saw appellant pause, bring his hand out of his right coat pocket closed, and throw a partially smoked marihuana cigarette...

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