Hayes v. State

PRICE, Presiding Judge.

This is an appeal from a conviction of possession of marijuana. Punishment was fixed at five years’ imprisonment in the penitentiary. Defendant appeals.

The evidence for the state may be summarized as follows: Mobile Policemen Blunt and Allen were on a routine patrol in a police car at approximately 2:45 o’clock, A.M., on Sunday, February 13, 1966, when they observed defendant and one Fred Henderson standing inside a narrow alcove or vestibule leading to the door of a grocery store. As the police car approached and flashed its headlights on the men, they walked away from…