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GIACONA v. STATE

No. 38756.

397 S.W.2d 863 (1965)

Carl Kelly GIACONA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 26, 1966.

Attorney(s) appearing for the Case

Jack P. Kelso, Leo N. Duran, Corpus Christi, for appellant.

Sam L. Jones, Jr., Dist. Atty., W. DeWitt Alsup, Asst. Dist. Atty., Corpus Christi, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for the possession of marihuana with two prior convictions alleged for enhancement. The court in accordance with Art. 63, Vernon's Ann.P.C., sentenced the appellant to life imprisonment.

After officers Broughton and Jackson of the Corpus Christi Police Department had kept the appellant under surveillance for several hours they were joined by custom agents Milley and Galanos. About 1:30 A.M., these officers observed...

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