LUNA v. STATE

No. 37790.

387 S.W.2d 896 (1965)

Jesse LUNA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 31, 1965.


Attorney(s) appearing for the Case

Clyde W. Woody, Houston, on appeal only, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, W. Louis White and F. M. Stover, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is the sale of heroin; the punishment, 25 years.

The count of the indictment upon which the case was submitted to the jury alleged the sale of a narcotic drug, to-wit, heroin, to William Gober.

Gober, an ex-convict, testified that on August 30, 1963, the date alleged in the indictment, he was at an Icehouse-Beer Parlor drinking beer. About 1 o'clock P.M. the appellant and one Robert or Bobby Ortega drove up.

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