Gonzalez v. State, 31150

• Court: Texas Court of Criminal Appeals
• Writing for the Court: MORRISON
• Citation: Gonzalez v. State, 169 Tex.Crim. 48, 331 S.W.2d 327 (Tex. Crim. App. 1960)
• Decision Date: 13 January 1960
• Docket Number: No. 31150,31150
• Parties: Gilberto GONZALEZ, Appellant, v. STATE of Texas, Appellee.

Page 327

331 S.W.2d 327

169 Tex.Crim. 48

Gilberto GONZALEZ, Appellant, v. STATE of Texas, Appellee.

No. 31150.

Court of Criminal Appeals of Texas.

Jan. 13, 1960.

Werner A. Gohmert, Alice, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is the possession of marijuana; the punishment, three years.

Officers of the City of Alice testified that pursuant to a police call they went to a certain house which did not belong to appellant and there found him standing by a window, that in their opinion he was intoxicated, that he was placed under arrest, and a search of his person revealed a cigarette in his shirt pocket. It was shown by the testimony of a chemist and toxicologist that such cigarette contained marijuana.

Appellant, testifying in his own behalf, stated that he had been drinking beer on the day in question, that he had borrowed a cigarette from Ricardo Gonzalez but put it in his shirt pocket instead of smoking it, that he went to the house where he was arrested by invitation, and that the cigarette which Ricardo had given him was the one the officers seized. Ricardo Gonzalez was called in rebuttal and testified that he had been drinking beer with ...