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MORSE v. STATE

No. 46727.

502 S.W.2d 805 (1973)

Thomas MORSE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 16, 1974.

Attorney(s) appearing for the Case

Craig L. Austin, San Antonio, for appellant.

Ted Butler, Dist. Atty., Lucien B. Campbell, Charles Roberts, and Antonio G. Cantu, Asst. Dist. Atty., San Antonio, Jim D. Vollers, State's Atty., Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for the possession of marihuana; the punishment, two years' imprisonment, probated.

In several grounds of error the appellant attacks the statute under which he was convicted.1

The first ground of error is:

"Insofar as it pertains to marihuana, the Texas Uniform Narcotic Drug Act, Texas Penal Code and Article 725b (1961) is in such positive conflict with...

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