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PHILLIPS v. STATE

No. 52696.

548 S.W.2d 44 (1977)

Barry Bill PHILLIPS and Jay C. Emerson, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 16, 1977.

Attorney(s) appearing for the Case

Charles L. Caperton, Dallas, for Phillips.

George R. Milner and Ronald L. Goranson — on appeal only — Dallas, for appellant.

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

OPINION

GREEN, Commissioner.

In a joint trial before a jury, appellants Barry Bill Phillips and Jay C. Emerson were convicted of possession of more than four ounces of marihuana, a felony. Punishment of each was assessed at five years probated.

On appeal, appellant Emerson makes the contentions of insufficiency of the evidence to support the verdict and of error in the admission over appropriate objection of the evidence of the marihuana seized in...

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