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ALEXANDER v. STATE

No. 42485.

450 S.W.2d 70 (1970)

Alton ALEXANDER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 25, 1970.

Attorney(s) appearing for the Case

C. C. Divine, Houston, for appellant.

Carol S. Vance, Dist. Atty., and James C. Brough and Allen Stilley, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is the possession of marijuana; the punishment, five (5) years.

While fleeing from two officers of the Houston Police Department, appellant threw a bag from his automobile. The officers stopped, and recovered the bag. It was shown to contain leaf marijuana.

We overrule appellant's contention that the trial court erred in refusing to instruct a verdict of not guilty or erred in failing to charge on the...

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