266 SW2D 388 - Salinas v. State

How this case has been cited

Cited by 8 later decisions — most recently March 1971

2 federal appellate · 6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

DAVIDSON, -Commissioner.

¶1 This is a conviction for possessing marijuana; the punishment, two years in the penitentiary.

¶2 A search, of appellant s residence revealed three separate containers of marijuana, consisting of a mixture of stems, leaves, and seeds.

¶3 Whether the search of the residence was or was not authorized need not be determined, for appellant, testifying as a witness in his own behalf, admitted the possession of the marijuana and claimed that he possessed it for medicinal purposes.

¶4 . Haying admitted the possession of the marijuana, appellant was in no position to complain o.f. proof of that same fact by the officers. Soble v. State, 153 Tex.Cr.R. 629, 218 S.W.2d 195; Schaefer v. State, 121 Tex.Cr.R. 220, 53 S.W.2d 302; Johnson v. State, 118 Tex.Cr.R. 293, 42 S.W.2d 421.

¶5 The other questions briefed by appellant all center around the question above discussed and are determined thereby.

¶6 No error appearing, the judgment is affirmed.

¶7 Opinion approved by the court.