Pena v. State

CHRISTIAN, Judge.

The offense is possession of marihuana. The penalty assessed against appellant Rosalio Pena was two years confinement in the penitentiary and that against Jose Casillas was five years confinement in the penitentiary.

Appellants were traveling toward Harlingen in an automobile, having come from Matamoras, Mexico, when they were met by an inspector of United States Customs Service. With the consent of appellants, the officer searched the automobile and found approximately four pounds of marihuana under the car seat. The affirmative defense of appellants was raised in the…