Fisher v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of possession of marihuana. The jury assessed punishment at three years.

The record reflects that on May 24, 1972, Officer George Mayben of the Department of Public Safety, and Lieutenant Frank Wiley of the Lubbock Police De partment, accompanied by other officers, went to an apartment under the control of April Steigers to execute a search warrant issued by Justice of the Peace Charles Smith, at 9:00 p.m., on May 23, 1972.

Officer Mayben testified that they arrived at the entrance to the apartment about 1:35 a.m., and he…