BILLINGSLEY v. STATE

No. 44326.

473 S.W.2d 501 (1971)

James C. BILLINGSLEY, III, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 7, 1971.


Attorney(s) appearing for the Case

Sam Houston Clinton, Jr., of Clinton & Richards, Austin, for appellant.

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


OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of unlawful possession of a narcotic drug, to-wit: marihuana. The punishment was assessed by a jury at ten years.

The judgment will be reversed.

The record reflects that appellant was arrested on January 3, 1969, at a house that he and two other persons occupied in Travis County. The arrest was pursuant to a search warrant executed at such house on that date and marihuana...

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