Willett v. State

OPINION

ON MOTION FOR REHEARING'

DOUGLAS, Judge.

The conviction is for the possession of marijuana; the punishment, five years, probated.

The appellant contends that the trial court erred in admitting in evidence the testimony concerning the marijuana which was obtained as a result of the illegal arrest of the appellant. The marijuana was not introduced in evidence.

The record reflects that at eleven o’clock at night appellant was the driver of an automobile which was approximately three car lengths in front of a patrol car when he made a right turn into a private driveway. The patrol car pulled…