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GUERRERO v. STATE

No. 45314.

487 S.W.2d 729 (1972)

Rafael GUERRERO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 13, 1972.

Attorney(s) appearing for the Case

Pena, McDonald & Gutierrez, by L. Aron Pena, Edinburg, Robert Nino, Houston, for appellant.

Oscar McInnis, Dist. Atty., and Thomas P. Berry, Asst. Dist. Atty., Hidalgo, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of sale of a narcotic drug, to-wit: heroin. Punishment was assessed by the jury at eighteen years.

Initially, appellant contends that the trial court erred in overruling his motion to excuse five prospective jurors for cause after they allegedly expressed a prejudice against a probated sentence as a possible punishment. The voir dire...

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