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YANTIS v. STATE

Nos. 44328, 44329.

476 S.W.2d 24 (1972)

Kent Morgan YANTIS, Appellant, v. The STATE of Texas, Appellee. Travis Vaughn DOUGHTY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 1, 1972.

Attorney(s) appearing for the Case

Stayton, Maloney, Black, Hearne & Babb by Frank Maloney, Austin, for appellants.

Bob O. Smith, Dist. Atty., Phoebe Lester, Asst. Dist. Atty., and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for possession of marihuana; the punishment for each appellant, two years. The imposition of the sentences was suspended and appellants were granted probation.

The jointly indicted appellants both waived a jury trial, entered pleas of not guilty and were tried before the court.

We first consider appellant's ground of error no. 4, which challenges the...

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