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SPARKS v. STATE

No. 27404.

275 S.W.2d 494 (1955)

Harry Cleveland SPARKS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 9, 1955.

Attorney(s) appearing for the Case

Shead & Holt, By Nathan M. Holt, Longview, for appellant.

Phillip B. Baldwin, County Atty., Charles A. Allen, Asst. County Atty., Marshall, Leon Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for the possession of marihuana; the punishment, four years' confinement in the penitentiary.

A prior conviction for said offense was reversed in Sparks v. State, Tex.Cr.App., 261 S.W.2d 571, the facts not being set out in that opinion.

The evidence shows that appellant, for several days, was seen by one W. H. Rouse driving by his house about thirty minutes before sundown and...

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