Ramos v. State

OPINION ON STATE’S MOTION FOR REHEARING

ODOM, Judge.

Our opinion on original submission is withdrawn and the following substituted in lieu thereof.

This appeal is from a conviction for the unlawful possession of a narcotic drug, to-wit: marihuana. Punishment was assessed by a jury at five years.

The record reflects that on the evening of March 22, 1970, Officer Omar Lucio of the Harlingen Police Department received information from a confidential informant that the informant had smoked marihuana with appellant at appellant’s home. On the basis of this information, a search warrant was obtained…