Johnson v. State

OPINION

WOODLEY, Presiding Judge.

The offense is the unlawful possession of marihuana, a narcotic drug; the punishment, two years, probated.

Trial was before the court on a plea of not guilty.

This is a companion case to that of Gaston v. State, TexCr.App., 440 S.W.2d 297, this day decided.

The evidence reflects that appellant was one of the six persons who appeared at the apartment after the officers had executed the search warrant. He was searched after an officer was unsuccessful in attempting to prevent his swallowing something which he took from his coat pocket and placed in his mouth. A…