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ADAIR v. STATE

Nos. 43666, 43667.

482 S.W.2d 247 (1972)

Fred ADAIR, Appellant, v. The STATE of Texas, Appellee. John VIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 19, 1972.

Attorney(s) appearing for the Case

David J. Nagle, of Nagle & Barr, Houston, for appellants.

Bob Smith, Dist. Atty., Phillip A. Nelson, Jr., and Lawrence Wells, Asst. Dist. Attys., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

OPINION ON APPELLANTS' MOTION FOR REHEARING

Our opinion on original submission is hereby withdrawn and the following is substituted in lieu thereof.

These appeals arise out of convictions for possession of marihuana with the punishment being assessed at 10 years in each case. The imposition of the sentences was suspended and each appellant was placed on probation.

Appellants Adair and Via were jointly...

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