KIRKPATRICK v. STATE

No. 32230.

339 S.W.2d 535 (1960)

Glen Maurice KIRKPATRICK, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 26, 1960.


Attorney(s) appearing for the Case

No attorney for appellant of record on appeal.

Dan Walton, Dist. Atty., Carl E. F. Dally, Jon N. Hughes, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


DAVIDSON, Judge.

Unlawful possession of marijuana is the offense, with punishment assessed at ten years in the penitentiary.

Appellant was one of five persons in the garage apartment at the time it was searched by the officers. A quantity of marijuana was found therein.

Appellant neither owned nor was in possession or control of the premises; he was a visitor in the apartment.

The state does not content that appellant was guilty of the possession...

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