Sirvello v. State

WOODLEY, Judge.

The offense is possession of marihuana, the punishment, ten years.

Appellant was seen in a Houston restaurant with two companions by police officers. As they left the table where they ate, appellant and his companions passed the booth where the officers were sitting.

Officer Burke, the last to leave his seat in the cafe, saw appellant pause, bring his hand out of his right coat pocket closed, and throw a partially smoked marihuana cigarette under a table. Officer Burke retrieved the marihuana cigarette, followed the others out of the cafe and placed appellant and his companions…