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FLORES v. STATE

No. 45971.

493 S.W.2d 785 (1973)

Bentura FLORES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 18, 1973.

Second Rehearing Denied May 16, 1973.

Attorney(s) appearing for the Case

Richard J. Clarkson, Odessa, for appellant.

J. A. Bobo, Asst. Dist. Atty., Odessa, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for sale of heroin. The jury assessed the punishment at eighteen hundred years.

Appellant contends the court erred in denying his motion for change of venue. The State urges that the motion was not accompanied by appellant's affidavit as required by Article 31.03, Vernon's Ann. C. C.P.1, and was therefore defective.

On February 3, 1971, appellant filed...

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