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CUMMINS v. STATE

No. 44764.

478 S.W.2d 452 (1972)

John Demontford CUMMINS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 5, 1972.

Attorney(s) appearing for the Case

Jones, Blakeslee, Minton, Burton & Fitzgerald by John L. Foster, Austin, for appellant.

Robert O. Smith, Dist. Atty., H. Kelly Ireland and Michael J. McCormick, Asst. Dist. Attys., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for possession of marihuana with punishment assessed at five years probated. The trial was before the court upon a plea of not guilty.

The appellant's sole contention is that the court erred in overruling his motion to suppress evidence seized under a search warrant based upon an affidavit1 which was insufficient...

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