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GARRETT v. STATE

No. 38911.

400 S.W.2d 906 (1966)

Clarence GARRETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 20, 1966.

Attorney(s) appearing for the Case

Tom Upchurch, Jr., Amarillo (on appeal only), for appellant.

Naomi Harney, County Atty., Charles W. Fairweather, Asst. County Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Presiding Judge.

The conviction is for possession of a dangerous drug, barbiturates; the punishment, one year in jail and a fine of $350.00.

Deputy Sheriff DeBose testified that he and Deputy Sheriff Ball went to appellant's cafe, known as the Gay Paree, and the following excerpt from his testimony summarizes most of the facts relied upon by the state:

"Q: After you walked into the place, tell the Court what you observed there inside the...

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