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BENTON v. STATE

No. 54594.

576 S.W.2d 374 (1978)

Richard Glenn BENTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied January 31, 1979.

Attorney(s) appearing for the Case

Russell C. Busby, Amarillo, for appellant.

Randall L. Sherrod, Dist. Atty. and Richard L. Wilcox, Asst. Dist. Atty., Canyon, for the State.

Before ROBERTS, ODOM and TOM G. DAVIS, JJ.

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for possession of marihuana under two ounces. Art. 4476-15, Sec. 4.05(b)(3), Vernon's Ann. Civ.St. After finding appellant guilty, a jury assessed his punishment at one hundred twenty days in jail and a fine of one thousand dollars.

Appellant's first contention is that his motion to suppress the marihuana should have been granted because the search which resulted in the discovery of the...

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