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ALVAREZ v. STATE

No. 44753.

478 S.W.2d 450 (1972)

Frank ALVAREZ, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 12, 1972.

Attorney(s) appearing for the Case

Arthur L. Lapham of Hartman & Lapham, Victoria, Ted Dunnam and Mary Anne Dunnam, Port Lavaca, for appellant.

Robert J. Seerden, Dist. Atty., and D. F. Martinak, Asst. Dist. Atty., Victoria, 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 unlawful sale of a narcotic drug, to-wit: marihuana. The punishment was assessed by a jury at five years.

Appellant brings three grounds of error. First, we will discuss his contention that "The District Court erred in failing to submit to the jury, for its consideration, the defendant's second requested charge inquiring as to whether...

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