McSHANE v. STATE

Nos. 50371 to 50373.

530 S.W.2d 307 (1975)

Thomas Patrick McSHANE, Appellant, v. The STATE of Texas, Appellee. David Wade STEVENS, Appellant, v. The STATE of Texas, Appellee. Michael Lee FOOTE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 19, 1975.


Attorney(s) appearing for the Case

O. T. Moore, Jr., Lockhart, for appellants.

Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

Appellants were each convicted of possession of over four ounces of marihuana. Punishment was assessed at five years each, which was probated, and a fine of $1,500.00 each.

In two grounds of error, appellants complain of the failure of the trial court to charge the jury on the lesser included offense of possession of less than two ounces of marihuana and of its failure to charge that mere presence at the scene of a crime is insufficient...

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