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MEDINA v. STATE

No. 46105.

493 S.W.2d 151 (1973)

Ruben MEDINA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 18, 1973.

Attorney(s) appearing for the Case

Victor R. Blaine, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and John Holmes, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

This appeal is from a conviction of unlawful possession of marihuana. Punishment was assessed by the court at two years following a jury verdict of guilty.

The State's evidence reflects that at about 1:00 p. m. on January 3, 1971, R. C. Horn of the Houston Police Department, while on regular patrol duty, had occasion to notice a car proceeding ahead of him with its muffler torn loose from the tail pipe, hanging loose...

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