Lewis v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for possession of less than two ounces of marihuana. After the jury found appellant guilty, the trial court assessed punishment at six months and $300.00 probated.

*347In her first ground of error, appellant contends that the trial court erred in not suppressing the physical evidence. Appellant relies on the Fourth Amendment to the United States Constitution, Art. 1, Sec. 9 of the Texas Constitution, and Art. 38.23, Y.A. C.C.P.

Officer Terry Lowe of the Midland Police Force was on patrol on the evening of February 8, 1979. He spotted an…