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DRAGO v. STATE

No. 53685.

553 S.W.2d 375 (1977)

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

Court of Criminal Appeals of Texas.

July 13, 1977.

Attorney(s) appearing for the Case

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

Robert O. Smith, Dist. Atty. and Richard E. Banks, Asst. Dist. Atty., Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

PHILLIPS, Judge.

This is an appeal of a conviction of the offense of possession of more than four ounces of marihuana. Trial was by the court with punishment being assessed at a probated term of five years' confinement.

At around midnight on March 2, 1975, Sgt. Muennink and Officer Alexander of the Austin Police Department saw the car in which appellant was riding traveling east on Seventh Street...

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