Rodriguez v. State

DICE, Judge.

The conviction is for the unlawful possession of marijuana; the punishment, enhanced under Art. 62, V.A.P.C., by reason of a prior conviction for an offense of like character, life imprisonment.

A conviction of appellant for the primary offense was reversed by this court in Rodriguez v. State, 170 Texas Cr. Rep. 295, 340 S.W. 2d 61, and subsequent thereto the indictment under which he now stands convicted was returned against him.

The indictment, in charging the primary offense, alleged that on or about the 22nd day of March, A.D., 1959, the appellant did unlawful— possess a…