Hernandez v. State

255 S.W.2d 219 (1952)

HERNANDEZ

v.

STATE.

No. 26090.

Court of Criminal Appeals of Texas.

December 10, 1952.

Rehearing Denied February 25, 1953.

Thomas, Thomas & Jones, George T. Thomas, Big Spring, for appellant.

George P. Blackburn, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is the possession of marijuana; the punishment, five years.

Appellant's guilt is made to depend upon the fact that, as a result of a search of his private residence by peace officers operating under the authority of a search warrant, there was found a quantity of marijuana.

The principal question before this…