Garcia v. State

OPINION

DOUGLAS, Judge.

The conviction is for possessing marihuana; the punishment, two years.

The record reflects that Robert G. Taylor, a patrolman of the Texas Department of Public Safety, stopped an automobile in which Garcia was a passenger. It was being operated by Lyndon McDaniels on Moon Road, near El Paso, at night with only one lighted headlamp. He saw that McDaniels was definitely intoxicated, and Garcia appeared to be a little intoxicated. Since Patrolman Taylor was by himself, both McDaniels and Garcia were asked to stand in front so that he could search the automobile. He found a…