Donaldson v. State

Quillian, Judge.

These two companion cases involve basically identical facts and arise out of the same incident. William Charles Donaldson (Case No. 50277) and James Lester Henderson (Case No. 50278) were indicted, tried and convicted for possession of marijuana (less than one ounce). They were both sentenced to serve 12 months each by the trial judge. Both defendants filed motions for new trial which were overruled and appeal was taken to this court.

The facts giving rise to the defendants’ arrest are as follows. The defendant, Donaldson, was driving an automobile owned by the defendant…