Korn v. State

WOODLEY, Judge.

The offense is the unlawful possession of marihuana; the punishment, 2 years.

The state’s evidence, admitted to the jury over objection that it was obtained as the result of an illegal arrest and search, shows that following his arrest for vagrancy appellant was taken to jail and during the booking procedure a marihuana cigarette was found in his shirt pocket.

The sole question presented is the legality of the arrest.

The evidence relating to the arrest heard by the court in the jury’s absence shows:

Appellant was arrested in the parking area of the Mi Gran Lounge, in the City *731of…