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BRANCH v. STATE

No. 45129.

477 S.W.2d 893 (1972)

Billy Wayne BRANCH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 22, 1972.

Attorney(s) appearing for the Case

M. Garbriel Nahas, Jr., George T. Ellis, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Victor Driscoll, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

This is an appeal from an order revoking probation.

The appellant was found guilty of unlawfully possessing marihuana, after he entered a plea of not guilty before a jury. It was alleged and shown that the appellant had theretofore been convicted for the offense of possession of marihuana, the court assessed appellant's punishment at ten years imprisonment. Article 725b, Section 23, Vernon's Ann.P.C. On March 7, 1968...

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