Gonzales v. State

WOODLEY, Judge.

The conviction is for possession of marijuana, the jury having assessed the minimum punishment.

The only contention seriously urged as reversible error is that the evidence as to the finding of marijuana in appellant’s car was obtained by means of an unlawful search, and was therefore inadmissible.

*549Deputy Sheriff Wuertenburg testified that he apprehended appellant in the south part of San Angelo at about one o’clock A.M.; that appellant was driving an automobile and the officer informed him that he was arresting him for being in a cutting scrape.

Appellant, at the instance of and…