Bivins v. State
| Decision Date | 12 March 1969 |
| Docket Number | No. 41749,41749 |
| Citation | 440 S.W.2d 312 |
| Parties | Walter BIVINS, Jr., Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Jones, Blakeslee, Minton, Burton & Fitzgerald, by Roy Minton, Austin, for appellant.
Tom Blackwell, Dist. Atty., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.
The offense is the unlawful possession of marihuana, a narcotic drug; the punishment, 4 years, probated.
Appellant was jointly charged and tried with his co-defendant Michael Nus, Jr., and presents the same ground for reversal which we overruled in Nus v. State, Tex.Cr.App. 440 S.W.2d 310, this day decided.
The judgment is affirmed.
DOUGLAS, J., not participating.
For the reasons set forth in my concurring opinion in Gaston v. State, Tex.Cr.App., 440 S.W.2d 297, this day decided, I concur in the results reached.
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Kemp v. State
...Gaston v. State, supra; Johnson v. State, Tex.Cr.App., 440 S.W.2d 308; Nus v. State, Tex.Cr.App., 440 S.W.2d 310; Bivins v. State, Tex.Cr.App., 440 S.W.2d 312. Testimony of Police Officer Bynum, one of the affiants, heard by the trial court in the jury's absence prior to the admission of th......
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...Court of the United States has denied certiorari in Gomez v. Beto, 394 U.S. 936, 89 S.Ct. 1217, 22 L.Ed.2d 469. See also Bivins v. State, Tex.Cr.App., 440 S.W.2d 312 (delivered March 12, 1969); Gaston v. State, Tex.Cr.App., 440 S.W.2d 297 (delivered March 12, 1969; and Nus v. State, Tex.Cr.......
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