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ROBINSON v. STATE

No. 43160.

458 S.W.2d 812 (1970)

Donald Wayne ROBINSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 28, 1970.

Attorney(s) appearing for the Case

Bob Heath, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell, Robert R. Scott, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is possession of marihuana; the punishment five (5) years.

Appellant's first and second grounds of error are that the search of appellant and his automobile was illegal and that the evidence is not sufficient to support the conviction.

Officer Farias testified that at 1:30 a. m., while on patrol of a "back road" within the city, he and his partner came upon an automobile illegally parked behind a furniture...

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