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SCHUTZ v. STATE

No. 42326.

448 S.W.2d 486 (1969)

Chester A. SCHUTZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 14, 1970.

Attorney(s) appearing for the Case

Max P. Flusche, Jr., Austin, for appellant.

Robert O. Smith, Dist. Atty., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is the unlawful possession of marihuana, a narcotic drug; the punishment, ten years.

Trial was before the court on February 6, 1968, upon a plea of not guilty to a three count indictment returned January 18, 1966, alleging (1) unlawful possession of marihuana, (2) unlawful possession of heroin and (3) unlawful possession of a hypodermic syringe for the purpose of subcutaneous injections of narcotic drugs...

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