BORNER v. STATE

Nos. 49635, 49636.

521 S.W.2d 852 (1975)

Joseph Matthew BORNER, Jr., Appellant, v. The STATE of Texas, Appellee. Carl F. EBELING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 7, 1975.


Attorney(s) appearing for the Case

Jim D. Bowmer and Bob Burleson, Temple, for appellants.

J. R. Owen, Dist. Atty., Taylor, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

These are appeals from convictions for the possession of marihuana. Punishment was assessed against each appellant at ten years. The proof shows that the appellants possessed a large amount of marihuana in an automobile.

The sufficiency of the evidence is not challenged. The complaint on appeal is that the marihuana was found in the automobile without a search warrant over the objection, among others, that it was an unreasonable...

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