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JOHNSON v. STATE

No. 44899.

478 S.W.2d 952 (1972)

Albert JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 23, 1972.

Attorney(s) appearing for the Case

Tracy & Cook by Earl W. Tracy, Jr., San Antonio, for appellant.

Ted Butler, Dist. Atty., Antonio G. Cantu, Asst. Dist. Atty., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This appeal results from a conviction for sale of heroin where the punishment was assessed at 7 years by the court following a waiver of trial by jury and a plea of not guilty.

In his first two grounds of error appellant urges the trial court "erred in allowing a State's witness to reiterate statements contained in an offense report" and "erred in admitting testimony based on refreshing of a past recollection and not...

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