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Court of Criminal Appeals of Texas, 1969

Bivins v. State

Bivins v. State
Court of Criminal Appeals of Texas · Decided March 12, 1969 · Douglas, Morrison, Onion, Woodley
440 S.W.2d 312 (South Western Reporter, Second Series)

Bivins v. State

Concurring Opinion

ONION, Judge

(concurring).

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.

MORRISON, J., joins in this concurrence.

Opinion of the Court

OPINION

WOODLEY, Presiding Judge.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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