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KWANT v. STATE

No. 44218.

472 S.W.2d 781 (1971)

Peter W. KWANT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 16, 1971.

Attorney(s) appearing for the Case

Cameron M. Cunningham, of Simons, Cunningham & Coleman, Austin, for appellant.

Robert O. Smith, Dist. Atty., Philip Nelson, Jr., and Phoebe Lester, Asst. Dist. Attys., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for possession of marihuana, with punishment assessed at five years.

Appellant's plea of not guilty was entered and heard by the trial court after a jury had been waived. The appellant did not testify nor offer any defense.

Appellant contends that his motion to suppress the evidence because it was obtained incident to an unlawful arrest, was erroneously overruled by the trial court and that the...

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