SWISHER v. STATE

No. 50099.

544 S.W.2d 379 (1976)

Robert K. SWISHER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 16, 1976.

Certiorari Denied January 10, 1977.


Attorney(s) appearing for the Case

Joseph (Sib) Abraham, Jr., El Paso, for appellant.

Steve W. Simmons, Dist. Atty., and John P. Bradford, Asst. Dist. Atty., El Paso, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


Certiorari Denied January 10, 1977. See 97 S.Ct. 734.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the possession of marihuana. Punishment was assessed by the jury at seven years.

Appellant contends that "the trial court erred in not suppressing the marihuana seized in this case because the search and arrest was not based upon probable cause as required by the Fourth Amendment of the United States Constitution."

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