Gonzalez v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for possession of more than four ounces of marihuana. Art. 4476-15, Sec. 4.05(a) & (b)(1), V.A.C.S. Trial was before the court and punishment was assessed at five years, probated, and a fine of $5,000.00.

Appellant challenges the constitutionality of the initial search of his residence, the subsequent arrest of his wife, and later search and seizure of marihuana at his home. These contentions require a detailed review of the evidence.

Warden Charles Talbert of the Texas Parks and Wildlife Department, testified that on January 7,1977,…