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ALDRIDGE v. STATE

No. 44188.

482 S.W.2d 171 (1972)

Robert Earl ALDRIDGE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Second Rehearing Denied July 28, 1972.

Attorney(s) appearing for the Case

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

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

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Our opinion on original submission is withdrawn and the following is substituted in lieu thereof.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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