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TALBERT v. STATE

Nos. 45132, 45133.

489 S.W.2d 309 (1973)

John P. TALBERT, Appellant, v. STATE of Texas, Appellee. David NOVY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 17, 1973.

Attorney(s) appearing for the Case

Bob Kuhn, Austin, for appellant.

Robert O. Smith, Dist. Atty., Michael J. McCormick, Asst. Dist. Atty., Austin, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

The original opinion, delivered October 18, 1972, is hereby withdrawn.

Appellants seek relief from a conviction for unlawful possession of marihuana. Trial was before the court, and after a finding of guilty, punishment was assessed to each appellant at five years, and probation was granted.

Two grounds of error are urged by appellants, but they both concern the legality...

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