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MYERS v. STATE

No. 44095.

473 S.W.2d 22 (1971)

Richard MYERS, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 23, 1971.

Attorney(s) appearing for the Case

Davis Bragg, of Duncan & Bragg, Killeen, for appellant.

Stanley Kicar, Dist. Atty., and Robert B. Wilson, Asst. Dist. Atty., Belton, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is sale of marihuana; the punishment five (5) years.

This is a companion case to our No. 44,338, Burns v. State, 473 S.W.2d 19. Both appellants were tried together.

This appellant challenges only the failure of the court to suppress the evidence based upon the posse comitatus question plus the court's failure to charge thereon.

What we have said in the companion...

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