Johnson v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for possession of mercury in excess of one pound without possessing a bill of sale or other written evidence of title, etc. Article 1436b, Vernon’s Ann.P.C. The trial was before the court upon a plea of not guilty after waiver of a jury trial. The punishment was assessed at four years, but the imposition of the sentence was suspended and the appellant was placed on probation.

Initially, appellant challenges the constitutionality of Article 1436b, Sec. 3, supra, as amended 1963 and 1967. He cites and relies upon Marney v. State,…