Ramirez v. State

Krueger, Judge.

The conviction is for unlawful possession of marihuana. The punishment is confinement in the State Penitentiary for a term of three years.

Appellant’s first and main contention is that the court erred in declining to sustain his motion to quash the indictment and to peremptorily instruct the jury to acquit him on the ground that there was no law in effect at the time of the commission of the offense prohibiting the possession of marihuana. That Article 725a, P. C., as amended by the 42nd and 43rd Legislatures was expressly repealed and Article 725b, P. C., enacted by the 45th…