Tuttle v. State

410 S.W.2d 780, 1966 Tex. Crim. App. LEXIS 1147

• Court: Court of Criminal Appeals of Texas
• Decided: June 8, 1966
• Docket: 39702
• Status: Published

Opinions

OPINION

MORRISON, Judge.

The offense is possession of marihuana; the punishment, twelve years. Notice of appeal was given December 29, 1965.

Officer Cavender testified that on the night in question, armed with a search warrant, he searched appellant’s apartment and found a plastic box which contained a substance which appeared to be marihuana. The chain of custody was properly established and Dr. Morton F. Mason, Director of the Dallas City and County Criminal Investigation Laboratory, testified that he conducted a test on a portion of the substance in the plastic box introduced as State’s Exhibit No. 1, and found it to be marihuana.

There was testimony concerning the giving of a written confession by appellant, but none accompanies the record, and we find it unnecessary to discuss the same.

Appellant did not testify, but called his wife, who stated that the officers found the plastic box in her child’s toy box. She stated that she had inspected the child’s box on the day preceding and State’s Exhibit No. 1 was not in it. She further stated that on the day of the search one J. H. Whitman had spent an hour in their apartment during which time he asked her if she wanted to smoke some marihuana, but that she had declined.

No formal bills of exception accompany the record, and an examination of the informal bills fail to reflect error.

Finding the evidence sufficient to support the conviction and no reversible error appearing, the judgment is affirmed.