OPINION
ON APPELLANT'S MOTION FOR REHEARING
DALLY, Commissioner.
Our opinion on original submission is withdrawn and the following is substituted in lieu thereof.
This is an appeal from a conviction for possession of marihuana. The trial was before the court upon a plea of not guilty; punishment was assessed at ten years imprisonment.
At approximately 4:00 p. m. on April 28, 1970, plainclothes Officer Simpson of the Austin Police...
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