Turrentine v. State

OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of possession of marihuana. See Art. 725b, V.A.P.C. Punishment, assessed under the provisions of Art. 4476-15, Sec. 4.05(b)(1), V.A.Tex.Civ.Stats. (Controlled Substances Act), is five years and a fine of $5,000.00.

The record reflects that on June 17, 1973, pursuant to a search warrant, Officers Montgomery, Johnson, and two others went to the residence of appellant and his wife in Dallas. The wife answered their knock, and upon being notified of the warrant, permitted them to enter. Appellant was found asleep in an…