LEIGHTON v. STATE

No. 51782.

544 S.W.2d 394 (1976)

Robert LEIGHTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing December 8, 1976.


Attorney(s) appearing for the Case

Frank Maloney and Philip A. Nelson, Jr., Austin, for appellant.

Louis M. Crump, Dist. Atty., San Saba, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

GUPTON, Judge.

The offense is unlawful possession of a narcotic drug, marihuana; the punishment, assessed under the Controlled Substances Act, $100.00 fine.

The case was tried without the intervention of a jury. In his sole ground of error appellant contends his arrest and the search of his vehicle were illegal and the fruits of the search were inadmissible under Art. 38.23, V.A.C.C.P.

The State's only witness, Deputy Sheriff Bruce...

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