Sparks v. State

DICE, Judge.

The conviction is for the possession of marihuana; the punishment, four years’ confinement in the penitentiary.

A prior conviction for said offense was reversed in Sparks v. State, 159 Texas Cr. Rep. 111, 261 S.W. 2d 571, the facts not being set out in that opinion.

The evidence shows that appellant, for several days, was seen by one W. H. Rouse driving by his house about thirty minutes before sundown and returning later on in the evening, and that he reported his observations to Constable Thurman Clark.

Thereupon the Constable and Special Investigator, Seaborn Hearell, began an…