GONZALES v. STATE

No. 28327.

293 S.W.2d 786 (1956)

Armando Postel GONZALES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing October 10, 1956.


Attorney(s) appearing for the Case

Percy Foreman, King C. Haynie, Houston, for appellant.

Dan Walton, Dist. Atty., Eugene Brady and Thomas D. White, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The indictment under which appellant was prosecuted was in two counts, the first alleging that he unlawfully possessed marijuana and the second, upon which he was found guilty and assessed a term of ten years, alleges "that the said Armando Postel Gonzales, on or about the 18th day of August, A.D. 1955, in said County and State, did then and there unlawfully sell to Bobby French, marijuana."

The court, in his charge, instructed the jury that...

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