Phenix v. State

OPINION

DALLY, Commissioner.

The conviction is for the possession of marihuana; the punishment, five years imprisonment.

At approximately 6:00 p. m., April 24, 1970, Officers Webb, Gonzales and Williams of the Travis County Sheriff’s Department executed a warrant for the search of appellant’s garage apartment. As the officers entered the apartment, the appellant, who had opened the door for them, was observed putting what appeared to be a “kilo” or brick-shaped package of marihuana into a paper sack. Officer Webb remarked, “Well, now what do you suppose that is?” to which appellant replied,…