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MOULDEN v. STATE

No. 54937.

576 S.W.2d 817 (1978)

John McMillan MOULDEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

September 20, 1978.

Attorney(s) appearing for the Case

Stanley I. Weinberg, Dallas, for appellant.

Henry M. Wade, Dist. Atty., William M. Lamb, C. Wayne Huff, and Andy Anderson, Asst. Dist. Attys., Dallas, for the State.

Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.

OPINION

PHILLIPS, Judge.

Appellant was convicted for the unlawful possession of marihuana. Punishment was assessed at 30 days' imprisonment and a $200.00 fine, probated.

Appellant complains in his first two grounds of error that the trial court erred in overruling his motion to suppress the marihuana seized and the course of what he characterizes as an unlawful search and seizure. Appellant's primary contention is that the odor of burnt marihuana...

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