¶1OPINION
¶2The offense is sale of marihuana; the punishment five (5) years.
¶3This is a companion case to our No. 44,-338, Burns v. State, 473 S.W.2d 19. Both appellants were tried together.
¶4This appellant challenges only the failure of the court to suppress the evidence based upon the posse comitatus question plus the court’s failure to charge thereon.
¶5What we have said in the companion opinion disposes of these contentions.
¶6Finding the evidence sufficient to sustain the conviction and no reversible error appearing, the judgment is affirmed.
¶7OPINION
¶8ON APPELLANT’S MOTION FOR REHEARING
¶9The appellant’s motion for rehearing was identical to that filed in the companion case of Burns v. State, 473 S.W.2d 19.
¶10What we have said in that companion case disposes of appellant’s contentions.
¶11Remaining convinced that this case was properly decided on original submission, the appellant’s motion for rehearing is overruled.
¶12Opinion approved by the Court.