Howard v. State

617 S.W.2d 191 (1979)

Dwayne Edward HOWARD, Appellant,

v.

The STATE of Texas, Appellee.

No. 56991.

Court of Criminal Appeals of Texas, En Banc.

September 19, 1979.

Rehearing Denied June 17, 1981.

Hugh S. Lowe, Austin, for appellant.

James L. McMurtry, County Atty., Nate Stark and J. D. Ewald, Asst. County Attys., Austin, Robert Huttash, State's Atty., Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ODOM, Judge.

This is an appeal from a conviction for possession of less than two ounces of marihuana. Punishment was assessed at a $100.00 fine and five days in…