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BRISENO v. STATE

No. 42533.

450 S.W.2d 865 (1970)

Fernando BRISENO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 18, 1970.

Attorney(s) appearing for the Case

Homer Salinas, John F. Dominguez, Mercedes (on appeal only) for appellant.

Oscar B. McInnis, Dist. Atty., Joe A. Cisneres, Asst. Dist. Atty., Edinburg, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is the unlawful sale of marihuana; the punishment, five years.

The indictment alleged the sale of marihuana to Artemio Caceres, Jr. on or about September 14, 1968.

Appellant's first ground of error complains that the court erred in overruling his motion to quash the indictment, the ground being that appellant was not granted an examining trial pursuant to Art. 16.01 Vernon's Ann.C.C.P.

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