Lucy v. State

CATES, Judge.

Possession of marijuana, sentence five years.

I

Armed with a warrant to search (day or night) the premises of 409Já N. Conception Street in Mobile for barbiturates, police officers found appellant in a bedroom. Various containers of marijuana were in the room.

No proof was made as to the size of the room. However, one officer testified (R. 42) as to finding match boxes which held marijuana by the television about six feet from the appellant. There were others in a paper bag on the floor. In the kitchen, an officer described a smoking tobacco tin which held marijuana leaves.…