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FRIES v. STATE

No. 45353.

495 S.W.2d 909 (1973)

Donald FRIES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 27, 1973.

Attorney(s) appearing for the Case

Donald H. Flintoft, Richard B. Tenenbown, Houston, for appellant.

Stanley Kicar, Dist. Atty. and R. C. (Joe) Mikeska, Jr., Asst. Dist. Atty., Belton, and Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

APPELLANT'S MOTION ON REHEARING

MORRISON, Judge.

The offense is possession of marihuana; the punishment, fifteen (15) years.

Our prior opinion in this case, delivered November 15, 1972 is withdrawn and the following substituted in lieu thereof.

Appellant's first ground of error relates to the court's failure to grant his motion for continuance. The record reflects that on June 17, 1970, appellant...

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