Rosales v. State

OPINION

DICE, Judge.

The conviction is for the unlawful possession of a narcotic drug, to-wit: marihuana; the punishment, five years.

A prior conviction of appellant was reversed in Rosales v. State, Tex.Cr.App., 399 S.W.2d 541.

Appellant’s sole contention on appeal is that the marihuana in question was obtained as the result of an unlawful arrest and illegal search and seizure.

Two grounds of error are presented by appellant, in which he insists that the court erred in failing to grant his motion to suppress the evidence and in permitting the state to use the same before the jury upon trial of…