This is an appeal from a conviction for sale of marihuana. Punishment was assessed by the jury at ten years.
The record reflects that Officer Taylor, of the Richardson Police Department, working as an undercover officer, purchased two "lids" of marihuana from appellant on March 24, 1970, in Dallas County, for thirty dollars. The sufficiency of the evidence is not challenged.
Appellant asserts numerous grounds of error in his briefs, only two of which comply with Art. 40.09, Sec. 9, Vernon's Ann. C.C.P. All other contentions are neither briefed nor discussed.
Appellant urges that the court erred in refusing to grant appellant's motion for mistrial, when witness Taylor testified that appellant had sold him LSD on March 7, 1969, for the reason that the same was an extraneous offense and prejudiced the jury to the extent that no instruction could have removed the harm.
The record reflects that on cross-examination of Officer Taylor, the following occurred:
The court sustained the objection and overruled the motion for mistrial.
Appellant urges that the sole subject on direct and cross-examination had been marihuana or "grass" and that the examinations and responses could only lead one to rationally believe that marihuana was the subject of inquiry.
In Mays v. State, Tex.Cr.App., 428 S.W.2d 325, the following occurred on cross-examination by appellant's counsel:
Appellant moved for a mistrial and same was overruled. This Court said:
As in Mays v. State, supra, in the instant case, no request was made by appellant for an instruction to disregard the testimony. See Howard v. State, Tex.Cr. App., 387 S.W.2d 387. Further, as in Mays v. State, supra, it was appellant rather than the state who elicited the unresponsive answer of the witness. See Rogers v. State, Tex.Cr.App., 420 S.W.2d 714. No error is shown.
Appellant complains that the classification of marihuana in the Narcotic Drug Regulations Act with its attendant punishment and sentencing provisions is
This contention was answered adversely to appellant in Reyna v. State,
The judgment is affirmed.
Opinion approved by the Court.