Fries v. State

APPELLANT’S MOTION ON REHEARING

MORRISON, Judge.

The offense is possession of marihuana; the punishment, fifteen (15) years.

*910Our prior opinion in this case, delivered November 15, 1972 is withdrawn and the following substituted in lieu thereof.

Appellant’s first ground of error relates to the court’s failure to grant his motion for continuance. The record reflects that on June 17, 1970, appellant waived arraignment and that on August [21], 1970, his second motion for severance was granted. During these preliminary-proceedings appellant was represented by retained counsel, the Honorable Frank…