McGLOTHLIN v. STATE

No. 2-91-343-CR.

854 S.W.2d 190 (1993)

James Larry McGLOTHLIN, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied June 30, 1993.


Attorney(s) appearing for the Case

Law Offices of Dean A. Sanders, and Dean A. Sanders, Wichita Falls, for appellant.

Jack A. McGaughey, Dist. Atty., Montague, for the State.

Before HILL, C.J., and FARRIS and HOPKINS (Retired), Sitting by Assignment, JJ.


OPINION

FARRIS, Justice.

James Larry McGlothlin appeals his jury conviction for possession of a controlled substance, claiming the trial court erred in refusing to submit his requested instruction concerning illegally obtained evidence, and in submitting a charge he alleges did not require a finding that he intentionally and knowingly possessed the contraband. Because McGlothlin failed to raise a fact issue on the legality of the search and because the court...

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