Waldon v. State

OPINION

PHILLIPS, Judge.

This an appeal from a conviction for possession of more than four ounces of marihuana, wherein the jury assessed punishment at five years in the Department of Corrections and a $5,000.00 fine.

At the outset the appellant challenges the sufficiency of the evidence.

This case involves the same transaction as that discussed Gaffney v. State, Tex.Cr.App., 575 S.W.2d 537, and the same preliminary facts were adduced at the trial of appellant. Part of the statement of facts from that opinion is quoted here.

For some time prior to April 28, 1976, Officer Severn of the D.P.S.…