Jones v. State

OPINION

ODOM, Judge.

This appeal is taken from a conviction for the offense of unlawful possession of a narcotic drug, to-wit: marihuana. Punishment was assessed by a jury at seventeen and one-half years.

Appellant challenges the validity of his conviction on three grounds: (1) that the trial court erred in allowing evidence to go before the jury which had been obtained as the result of an illegal search; (2) that the court erred in failing to charge the jury on the legality of the search under Article 38.23, Vernon’s Ann.C.C.P.; 1 and (3) that the court erroneously allowed the prosecutor to…