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MITCHELL v. STATE

No. 45229.

482 S.W.2d 223 (1972)

Andrew P. MITCHELL, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 12, 1972.

Attorney(s) appearing for the Case

John D. Wennermark, San Antonio, for appellant.

Ted Butler, Dist. Atty., Arthur Estefan, John Quinlan and Antonio G. Cantu, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ON APPELLANT'S MOTION FOR REHEARING

ODOM, Judge.

Our opinion on original submission is withdrawn and the following is substituted in lieu thereof.

This appeal is from a conviction for the offense of unlawful possession of a narcotic drug, to-wit: marihuana. Punishment was assessed by the court at seven years.

First, appellant contends that the marihuana was obtained as a result of an illegal search and seizure.

The...

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