Bivins v. State

Full title: Walter BIVINS, Jr., Appellant, v. The STATE of Texas, Appellee

Court: Court of Criminal Appeals of Texas

Date published: Mar 12, 1969

440 S.W.2d 312 (Tex. Crim. App. 1969)

Opinion

No. 41749.

March 12, 1969.

Appeal from the 147th Judicial District Court, Travis County; Mace B. Thurman, Jr., J.

Jones, Blakeslee, Minton, Burton Fitzgerald, by Roy Minton, Austin, for appellant.

Tom Blackwell, Dist. Atty., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is the unlawful possession of marihuana, a narcotic drug; the punishment, 4 years, probated.

Appellant was jointly charged and tried with his co-defendant Michael Nus, Jr., and presents the same ground for reversal which we overruled in Nus v. State, Tex.Cr.App. 440 S.W.2d 310, this day decided.

The judgment is affirmed.

DOUGLAS, J., not participating.

ONION, Judge (concurring).

For the reasons set forth in my concurring opinion in Gaston v. State, Tex.Cr.App., 440 S.W.2d 297, this day decided, I concur in the results reached.

MORRISON, J., joins in this concurrence.