Getters v. State

*332DICE, Judge.

Appellant was convicted as a second offender under the Uniform Narcotic Drug Act, Art. 725b, V. A. P. C., for the unlawful possession of marihuana and his punishment assessed at confinement in the penitentiary for 10 years.

The state’s proof shows that on the date alleged, Officers Gray and Stringfelow, of the Narcotics Division of the Houston Police Department, went to the appellant’s apartment with a search warrant to search for narcotic drugs. When the officers arrived, appellant and a Negro female were present in the apartment. During the search, Officer Gray noticed that the…