GOMEZ v. STATE

No. 27615.

280 S.W.2d 278 (1955)

Joe GOMEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 18, 1955.


Attorney(s) appearing for the Case

Wm. E. Davenport, San Angelo, for appellant.

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


WOODLEY, Judge.

Upon an indictment charging the possession of marihuana, a naroctic drug, and alleging a prior conviction "of the less than capital offense of sale of a narcotic drug, an offense of like character and of the same nature as that hereinbefore charged against him in this cause," appellant was found guilty by the jury and assessed a term of 20 years in the penitentiary.

Appellant urges that the indictment is not sufficient to charge a second offense...

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