Johnson v. State

OPINION

McCORMICK, Judge.

Appellant was convicted in a trial before the court in Dallas County for possession of marihuana under four ounces upon his plea of not guilty. Punishment was assessed at thirty days in jail, probated, and a $100.00 fine.

Appellant contends the evidence is insufficient to prove he knowingly and intentionally possessed the marihuana. We agree. The testimony of the officer showed that appellant and his brother were stopped and that the marihuana was found hidden, not in sight, in the car. Appellant was the driver. There was no evidence who owned the car. No marihuana was…