Goldman v. State

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for possession of marihuana where after a verdict of guilty a punishment of two years was assessed by the court who suspended the imposition of the sentence and placed the appellant on probation.

Although the appellant challenges the sufficiency of the evidence, he initially contends the court erred in failing to submit to the jury defensive issues raised by the evidence.

The State’s evidence reflects that at approximately 11:45 p. m. on April 26, 1970, Officer John McAlister of the Harker Heights Police Department, while in…