Gonzales v. State

ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

We shall discuss appellant’s contentions in the order in which they are raised in his brief. He asserts that we failed in our original opinion to pass upon the question of whether the trial court erred in refusing his “motion to supress the marijuana” and his requested charge to instruct the jury to find appellant not guilty unless they found the search to be legal. Both were made after the testimony concerning the contraband, and the contraband itself had been introduced without objection. He relies upon the text found in 2 Branch’s Ann.P.…