CORBITT v. STATE

No. 42142.

445 S.W.2d 184 (1969)

Ray Allen CORBITT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 22, 1969.


Attorney(s) appearing for the Case

Lawrence Fischman, Dallas, for appellant.

Henry Wade, Dist. Atty., Malcolm Dade, John Tolle, Camille Elliott and James P. Finstrom, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION ON STATE'S MOTION FOR REHEARING

ONION, Judge.

On rehearing the State vigorously urges that on original submission the majority erred in holding that the trial court should have charged the jury on the issue of probable cause in light of the provisions of Article 38.23, Vernon's Ann.C.C.P. We agree.

Our prior opinion is withdrawn and the following is substituted in lieu thereof.

The offense is possession of dangerous drugs; the punishment...

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