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FAULKNER v. STATE

No. 51235.

549 S.W.2d 1 (1976)

Bernard Norman FAULKNER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Concurring Opinion On Motion For Rehearing April 20, 1977.

Attorney(s) appearing for the Case

Victor R. Blaine, Houston, for appellant.

Carol S. Vance, Dist. Atty. and James C. Brough and Edward A. Dodd, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

Concurring Opinion On State's Motion For Rehearing April 20, 1977.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the possession of marihuana. A jury found appellant guilty and the court assessed his punishment at five years' probation. The offense occurred on February 8, 1974 and trial commenced on October 22, 1974.

Officers Franks and Holloway of the Houston Police Department stopped appellant and a passenger in their car...

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