Byers v. State

ON STATE’S MOTION FOR REHEARING

WOODLEY, Judge.

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

The original opinion reversed this conviction upon the theory that the person executing the search warrant was not authorized to do so. That opinion is withdrawn upon authority of our holding to the contrary in Glaze v. State, No. 29,343, 165 Tex. Cr. Rep. 626, and Art. 326K-6 V.C.S., Sec. 1, therein cited.

O. E. Henson, investigator for the district attorney’s office, and Gus Zgourides, assistant district attorney of Galveston County, went to a house in Galveston with…