Morgan v. State

OPINION

ODOM, Judge.

The original appeal in this case was dismissed for failure to give timely notice of appeal. Sentence was pronounced on October 12, 1973. Although formal written notice of appeal was not given until October 23, 1973, the docket sheet reflects that oral notice was given in open court on October 12, 1973. Article 44.08(a), Vernon’s Ann.C.C.P. Therefore, the appeal is reinstated.

Appellant was convicted of possession of marihuana; punishment was assessed at ten years’ imprisonment.

Since the sufficiency of the evidence to show possession and control of the contraband is…