Gonzales v. State

GRAVES, Judge.

Appellant was convicted of the unlawful possession of marijuana, and assessed a term of two years in the penitentiary.

Appellant was arrested upon suspicion by a constable at San Benito, Texas, and taken to the county jail, and there, upon a search of his person, two small packages of marijuana were found, — one package in his shirt pocket and a further package in another pocket.

It is uncontradicted that the constable had no warrant for this arrest, but stated that he had been informed that a burglary had been committed and he had a description of a man, which description fitted…