Cummins v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for possession of marihuana with punishment assessed at five years probated. The trial was before the court upon a plea of not guilty.

The appellant’s sole contention is that the court erred in overruling his motion to suppress evidence seized under a search warrant based upon an affidavit 1 which was insufficient in that it did not allege that the described marihuana was being possessed contrary to law.

Trial was based upon written stipulations which recite that if the arresting officers were present in court, they would testify…