HOWARD v. STATE

No. 56991.

617 S.W.2d 191 (1979)

Dwayne Edward HOWARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied June 17, 1981.


Attorney(s) appearing for the Case

Hugh S. Lowe, Austin, for appellant.

James L. McMurtry, County Atty., Nate Stark and J. D. Ewald, Asst. County Attys., Austin, Robert Huttash, State's Atty., Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.


OPINION

ODOM, Judge.

This is an appeal from a conviction for possession of less than two ounces of marihuana. Punishment was assessed at a $100.00 fine and five days in jail, and appellant was placed on probation for twelve months.

On the evening of February 5, 1977, appellant and two female companions were in an area behind the Everett Hardware Store in Austin at 9:40 p. m., lying in leaves, when they were approached by a city police officer investigating...

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