Fernandez v. State

WOODLEY, Judge.

The conviction is for possession of marihuana; the punishment, 3 years in the penitentiary.

According to the state’s testimony, appellant approached one John Pinchback in a cafe and offered to sell him a cigarette for 25 cents. Pinchback asked appellant to wait until he came back with the money and left the cafe.

*267Shortly thereafter Pinchback returned, followed by a city patrolman. Appellant was pointed out to the officer and was taken into custody. He was searched by the arresting officer at the police station and later by a city detective, and a marihuana cigarette was found by…