ARMENDARIZ v. STATE

No. 28499.

294 S.W.2d 98 (1956)

Joe H. ARMENDARIZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 17, 1956.


Attorney(s) appearing for the Case

Joseph A. Calamia, Dan Y. Garbern, El Paso, for appellant.

William E. Clayton, Dist. Atty., Edwin F. Berliner, First Asst. Dist. Atty., and Lawrence M. Welsch, Asst. Dist. Atty., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

This is an appeal from a life sentence imposed under Art. 63, P.C., the jury having found appellant guilty of possessing marihuana and found in their verdict that he had been twice previously convicted of a felony less than capital, as charged in the indictment.

The indictment appears to contain the essential allegations necessary to invoke the provisions of Article 63, P.C., but the State failed to support the essential allegation that the...

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