McGrew v. State

OPINION

ONION, Presiding Judge.

This appeal is taken from a conviction for possession of marihuana in excess of four ounces, wherein the punishment was assessed by the jury at ten (10) years and a fine of five thousand dollars ($5,000).

On original submission this appeal was dismissed in a per curiam opinion because it appeared that the sentence had been pronounced prior to the expiration of the ten days allowed to file a motion for new trial or in arrest of judgment as provided by Articles 40.05 and 41.02, Vernon’s Ann.C.C.P., and the record was silent as to any waiver of the time period by the…