JACKSON v. STATE

No. 45408.

489 S.W.2d 565 (1972)

John Gerard JACKSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing January 24, 1973.


Attorney(s) appearing for the Case

Howard B. Law, Dallas, for appellant.

Henry Wade, Dist. Atty., Mike G. McCollum, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

The appeal here involved springs out of a conviction for possession of marihuana where the punishment was assessed at five years, probated.

At his trial, the appellant and waived trial by jury and entered a plea of not guilty before the court. The State's evidence was stipulated and the appellant testified as to his eligibility for probation.

The initial contention advanced on appeal is that the court erred...

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