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SILVA v. STATE

No. 39419.

401 S.W.2d 604 (1966)

Victor Gonzales SILVA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 4, 1966.

Attorney(s) appearing for the Case

Charles W. Gill, Houston, for appellant.

Carol S. Vance, Dist. Atty., Ted Hirtz and F. M. Stover, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

This is an appeal from a conviction for a subsequent offense of violation of the Uniform Narcotic Drug Act, with punishment assessed at 50 years.

The second count of the indictment, upon which the case was submitted to the jury, alleged the sale of heroin to John William Gober. A prior conviction for unlawful possession of heroin was alleged.

John William Gober testified that he had a telephone conversation with appellant during which...

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