KIRKLAND v. STATE

No. 35153.

373 S.W.2d 756 (1963)

Cleveland KIRKLAND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 27, 1963.

Second Rehearing Denied April 24, 1963.


Attorney(s) appearing for the Case

Clyde W. Woody, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Thomas C. Dunn, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

The offense is the unlawful sale of a narcotic drug; the punishment, five years in the penitentiary.

The state's evidence reflects that appellant was the owner of a drugstore in Houston and that, in one transaction, he sold to Officer Pollock, an undercover agent of the Houston police department, from the back door of his establishment, five four-ounce bottles of paregoric. There was no prescription for the preparation, and the officer was...

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