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SMYTH v. STATE

No. 61769.

634 S.W.2d 721 (1982)

Mary Sue SMYTH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 23, 1982.

Attorney(s) appearing for the Case

William A. Bratton, III, Dallas, for appellant.

Henry Wade, Dist. Atty. & Steve Wilensky and Martin Lenoir, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S MOTION FOR REHEARING

ROBERTS, Judge.

Our prior opinions are withdrawn.

The county criminal court found the appellant guilty of possession of a usable quantity of marihuana in an amount of less than 2 ounces, and assessed a punishment of 30 days' confinement (probated for 6 months) and a $150 fine. The appellant's only ground of error is that testimony about the marihuana should have been excluded, since it was the fruit of...

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