JOHNSON v. STATE

No. 60694.

625 S.W.2d 330 (1981)

Thomas Edward JOHNSON, Appellant, v. The STATE of Texas, Appellee.

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

December 23, 1981.


Attorney(s) appearing for the Case

Charles L. Caperton, Dallas, for appellant.

Henry M. Wade, Dist. Atty., William M. Lamb and Jerry Muller, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, W. C. DAVIS and McCORMICK, JJ.


OPINION

McCORMICK, Judge.

Appellant was convicted in a trial before the court in Dallas County for possession of marihuana under four ounces upon his plea of not guilty. Punishment was assessed at thirty days in jail, probated, and a $100.00 fine.

Appellant contends the evidence is insufficient to prove he knowingly and intentionally possessed the marihuana. We agree. The testimony of the officer showed that appellant and his brother were stopped...

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