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SPURGERS v. STATE

No. 56010.

576 S.W.2d 830 (1978)

Michael Wayne SPURGERS, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied February 28, 1979.

Attorney(s) appearing for the Case

W. T. McNeil, Edna, for appellant.

Wiley L. Cheatham, Dist. Atty., Cuero, for the State.

Before ODOM, PHILLIPS and DALLY, JJ.

Rehearing En Banc Denied February 28, 1979.

OPINION

DALLY, Judge.

This is an appeal from a conviction for the delivery of marihuana. The punishment is imprisonment for three years.

The appellant asserts that the judgment is not supported by sufficient evidence. To support a felony conviction for the delivery of marihuana there must be proof that either remuneration was received or that more than one-fourth ounce was delivered. Suarez v...

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