Cook v. State

OPINION

BELCHER, Commissioner.

Upon a jury trial on March 9, 1966, the appellant was found guilty of the possession of marihuana. The punishment was assessed by the jury at fifteen years.

The appellant assigns as error the failure of the trial court to sustain his objection and motion to declare a mistrial when the state introduced in evidence a .38 caliber pistol, and five live shells on the ground that the appellant was on trial for the possession of marihuana and not for the possession of firearms.

The evidence of the state reveals that when Officer Riggs saw a marihuana cigarette in…