Black v. State

ON STATE’S MOTION FOR LEAVE TO FILE MOTION FOR REHEARING

The majority denies the State’s motion for leave to file motion for rehearing without opinion. Upon re-consideration of the issue involved, I dissent to such action.

On original submission this conviction for possession of marihuana of two ounces or less was reversed for the failure of the State to prove venue in Smith County as alleged. It was held that the trial court had improperly denied the motion for a judgment of acquittal.

The information signed by an assistant criminal district attorney of Smith County was filed in the County…