CANALES v. STATE

No. 46414.

496 S.W.2d 614 (1973)

Cristobal CANALES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 27, 1973.


Attorney(s) appearing for the Case

Albert R. Huerta, Corpus Christi, for appellant.

William B. Mobley, Jr., Dist. Atty., John M. Potter, Asst. Dist. Atty., Corpus Christi, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

This appeal arises out of a conviction for sale of a dangerous drug, barbituric acid derivative. The jury assessed punishment at five (5) years.

Initially, the appellant, in three grounds of error, challenges the sufficiency of the evidence and complains that there was no evidence of a sale and that a variance existed between the indictment and the evidence presented.

The State called only two witnesses, the principal...

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