Rosales v. State

WOODLEY, Judge.

Our prior opinion affirming the conviction is withdrawn.

The offense is the unlawful possession of marihuana; the punishment, S years.

At the request of appellant’s counsel, hearing was had before the court in the jury’s absence on the question of the legality of the arrest and the admissibility of the evidence obtained as a result thereof.

At the hearing, Lt. Gann testified that he received a telephone call around 7:00 P.M. from an informer that appellant was to deliver marihuana to a party across from Molly Dawson School, where a band was to be practicing; that this information…