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GASTON v. STATE

No. 41805.

440 S.W.2d 297 (1969)

Sharland Reeves GASTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 12, 1969.

Attorney(s) appearing for the Case

Roy Q. Minton, Austin, for appellant.

Tom Blackwell, Dist. Atty., Dain Whitworth, Asst. Dist. Atty., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The appeal is from a conviction for the unlawful possession of marihuana, a narcotic drug (Art. 725b Vernon's Ann.P.C.).

Trial was before a jury on a plea of not guilty. The jury found appellant guilty. Appellant withdrew her request that the jury assess the punishment and elected to have the court assess the punishment and pass on her application for probation. Her punishment was assessed by the court at nine years...

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