Thomas v. State

OPINION

MORRISON, Judge.

This is an appeal from an order revoking probation.

Appellant was convicted of possession of marihuana on May 30,1973, and his punishment was assessed at two years probated.

A motion to revoke probation was filed on January 17, 1975, alleging, among other things, that appellant had on January 11, 1975, possessed a controlled substance, to-wit: biphetamine.1

Appellant’s first contention is that the search of his automobile which resulted in the finding of the biphetamine capsules was without probable cause and we agree.2

The record reflects that Dallas Police Officer Worth…