MASSIATE v. STATE

No. 35474.

365 S.W.2d 802 (1963)

Pete Flores MASSIATE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 20, 1963.


Attorney(s) appearing for the Case

Irving L. Bates, San Antonio, for appellant.

James E. Barlow, Dist. Atty., James Ernest Hope, Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Presiding Justice.

The offense is the unlawful possession of marihuana; the punishment, enhanced by two prior convictions for burglary, life.

The prior convictions were proved and stipulated.

The facts are undisputed.

Officers Westbrook, Creed and Dotson had under surveillance some marihuana plants that were growing alongside the creek in a brushy area of the Coliseum tract said to be owned by Bexar County.

On May 10, 1962...

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