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McKENZIE v. STATE

No. 36777.

383 S.W.2d 177 (1964)

Dr. Stuart G. McKENZIE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 24, 1964.

Second Motion for Rehearing Denied October 14, 1964.

Attorney(s) appearing for the Case

John J. C. O'Shea, Lubbock, Blanchard, Clifford, Gilkerson & Smith, Lubbock (on appeal only) by George Gilkerson, Lubbock, for appellant.

Fred E. West, County Atty., Broadus A. Spivey and Wm. Quinn Brackett, Asst. County Attys., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is under Art. 726d, Vernon's Ann.P.C., for the unlawful delivery of a dangerous drug; the punishment, twenty-one months in jail and a fine of $3,000.

Appellant was a duly licensed and practicing doctor of osteopathy in the city of Lubbock. In November, 1962, the state's witness Kenneth Decker, who was an undercover agent for the narcotics division of the Department of Public Safety, went to Lubbock to investigate narcotics...

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