Clark v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

Our prior opinions are withdrawn.

Trial was before the court upon appellant’s plea of not guilty of possession of more than four ounces of marihuana. After finding appellant guilty, the court assessed punishment at two years.

The trial court convicted appellant based on the testimony of Officer T.H. Bedsole of the Dallas Police Department coupled with a stipulation as to what the testimony of E.H. Foerster, a toxicologist working for the Southwestern Institute of Forensic Sciences, would be if he were called to testify.

Bedsole…