Lewis v. State

OPINION

ONION, Presiding Judge.

The conviction is for possession of marihuana. Appellant waived a jury trial, entered a plea of not guilty before the court and filed a motion for probation. The court, after hearing the evidence, found the appellant guilty, assessed a penalty of five (5) years, suspended imposition of sentence and granted probation.

Appellant initially challenges the sufficiency of the evidence that the contraband was under his care, custody and control.

The record reflects that at approximately 3 a. m. on October 7, 1970, Officers Summerlin and Ontiveroz of the Lubbock Police…