JONES v. STATE

No. 46077.

493 S.W.2d 933 (1973)

Kirk Bernard JONES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 23, 1973.


Attorney(s) appearing for the Case

Kerry P. FitzGerald, Dallas, for appellant.

Henry Wade, Dist. Atty., and W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

The appeal is taken from a conviction for the offense of unlawful possession of a narcotic drug, to-wit: marihuana. Punishment was assessed at four years, probated.

Initially, appellant contends that the admission into evidence of the marihuana in question was illegal in that the search and seizure were made without probable cause.

The evidence shows that at approximately 11:45 P.M. on September 3, 1971, two Dallas police...

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