Massiate v. State

WOODLEY, Presiding Justice.

The offense is the unlawful possession of marihuana; the punishment, enhanced by two prior convictions for burglary, life.

The prior convictions were proved and stipulated.

The facts are undisputed.

Officers Westbrook, Creed and Dotson had under surveillance some marihuana plants that were growing alongside the creek in a brushy area of the Coliseum tract said to be owned by Bexar County.

On May 10,1962, the officers observed the appellant arad one Manuel Guajardo come from the road and pick up a 5 gallon tar bucket which they filled with water from the creek and…