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RODRIGUEZ v. STATE

No. 34683.

360 S.W.2d 406 (1962)

Lee Martinez RODRIGUEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 10, 1962.

Attorney(s) appearing for the Case

Massey LeRoy Peavy, Houston, for appellant.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., Gus J. Zgourides, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for the unlawful possession of marijuana; the punishment, enhanced under Art. 62, Vernon's Ann.P.C., by reason of a prior conviction for an offense of like character, life imprisonment.

A conviction of appellant for the primary offense was reversed by this court in Rodriguez v. State, Tex.Cr.App., 340 S.W.2d 61, and subsequent thereto the indictment under which he now stands convicted...

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