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SIMMONS v. STATE

No. 33947.

353 S.W.2d 215 (1961)

Beverly Ann SIMMONS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion for Rehearing January 24, 1962.

Attorney(s) appearing for the Case

Clyde W. Woody, Houston, for appellant.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., Clyde Bracken, Jr., Assts. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Judge.

After a plea of not guilty before the court, a jury being waived, the appellant was convicted for the unlawful possession of a dangerous drug (Art. 726d, Vernon's Ann.P.C.); the punishment, 30 days in jail.

Officer Herring testified that on November 27, 1960, he stopped the appellant, Beverly Ann Simmons, after having observed her driving an automobile "haphazardly" along a public road, and he expressed the opinion that she was either intoxicated...

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