PACE v. STATE

No. 43401.

461 S.W.2d 409 (1970)

Charles Rudolph PACE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 13, 1971.


Attorney(s) appearing for the Case

Howard B. Law, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

BELCHER, Judge.

The conviction is for the possession of marihuana; the punishment, ten years.

The appellant contends that the trial court erred in admitting in evidence the marihuana found in his automobile over his objection that it was obtained as the result of an illegal search and seizure.

The evidence reveals that Officer Stroud of the Dallas Police Department about 11 p. m., while at Gaston Avenue at Hall Street observed a red...

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