KORN v. STATE

No. 39156.

402 S.W.2d 730 (1966)

Walter Bernard KORN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 25, 1966.


Attorney(s) appearing for the Case

Jones, Minton & Burton, by Roy Q. Minton, Austin, for appellant.

Thomas D. Blackwell, Dist. Atty., Philip A. Nelson, Jr., Asst. Dist. Atty., Austin, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is the unlawful possession of marihuana; the punishment, 2 years.

The state's evidence, admitted to the jury over objection that it was obtained as the result of an illegal arrest and search, shows that following his arrest for vagrancy appellant was taken to jail and during the booking procedure a marihuana cigarette was found in his shirt pocket.

The sole question presented is the legality of the arrest.

The evidence...

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