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GARCIA v. STATE

No. 44519.

473 S.W.2d 488 (1971)

Mary Ellen GARCIA and Joe G. Herrera, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 21, 1971.

Attorney(s) appearing for the Case

John Eaton, San Angelo, for Mary Ellen Garcia and Jerry Johnson, San Angelo, for Joe G. Herrera, for appellant.

Frank C. Dickey, Jr., Dist. Atty., and Aaron Goldberg, Asst. Dist. Atty., San Angelo, and Jim D. Vollers, State's Atty., Austin, for the State.

Rehearing Denied December 21, 1971, for Joe G. Herrera.

OPINION

MORRISON, Judge.

The offense is sale of heroin; the punishment, twenty-five (25) years. These appellants were indicted separately but tried jointly. Since their conviction the appellant Mary Ellen Garcia has escaped and has not been returned to custody and her appeal is dismissed. Appellant Herrera advances several grounds of error. His first is that the Court erred in failing to charge...

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