Arsiaga v. State

WOODLEY, Presiding Judge.

The offense is the unlawful possession of a dangerous drug (Art. 726d Vernon’s Ann. P.C.) ; the punishment, 60 days in jail and a fine of $100.

We adopt the brief of our able State’s Attorney as the opinion of the Court reversing the conviction.

“The State’s testimony reflects that Robert C. Smith and another officer went to the Caballero Cafe in Big Spring on Sunday afternoon; that several people were there; that three people were sitting at a booth; that appellant got up after the officers arrived and went behind a booth and sat back down at his place; that the…