HAMILTON v. STATE

No. 42006.

438 S.W.2d 814 (1969)

James HAMILTON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 2, 1969.


Attorney(s) appearing for the Case

Cutler & Epps, by Ray Epps, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Joe Maida, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is possession of heroin; the punishment, life.

Appellant's first ground of error is that the trial court erred in not quashing the enhancement paragraphs of the indictment. Following the jury verdict finding appellant guilty, the issue of punishment was submitted to the court pursuant to Art. 37.07, subd. 2(b), Vernon's Ann.C.C.P., and the State waived the enhancement paragraphs of the indictment. Since such paragraphs...

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