WALBEY v. STATE

No. 12-81-0080-CR.

644 S.W.2d 813 (1982)

Gaylon George WALBEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

Mandate Issued January 24, 1983.


Attorney(s) appearing for the Case

Donald W. Rogers, Jr., Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., George McCall Secrest, Jr., Michael Kuhn, Asst. Dist. Attys., Houston, for appellee.


Sent to Court of Criminal Appeals November 4, 1982—Refused.

RAMEY, Justice.

Appellant was convicted of intentionally and knowingly possessing marijuana in a usable quantity of more than four ounces, and by the court sentenced to not less than two years nor more than ten years in addition to a $5,000 fine.

The search warrant which led to the discovery of three and seven-eighths pounds of marijuana permitted a search of "a private residence, apartment...

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