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ORTEGA v. STATE

No. 43317.

464 S.W.2d 876 (1971)

Jose T. ORTEGA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 14, 1971.

Attorney(s) appearing for the Case

E. Gerald Sutton, Killeen, for appellant.

Stanley Kacir, Dist. Atty., and Glenn Michalk, Asst. Dist. Atty., Belton, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

The conviction is for the possession of marihuana. The trial was before a jury; the punishment of ten years was assessed by the court.

The search of appellant's house and curtilage resulted in the officers finding a total of 212.16 grams of marihuana. The chemist testified that five cigarettes could be made from a gram of marihuana.

The sole question presented is the legality of the search.

The appellant filed...

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