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McCREA v. STATE

No. 45736.

494 S.W.2d 821 (1973)

Daniel Bruce McCREA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 13, 1973.

Attorney(s) appearing for the Case

Gregory V. Gossett, San Angelo, for appellant.

Royal Hart, Dist. Atty., Aaron Goldberg, Asst. Dist. Atty., San Angelo, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for sale of marihuana wherein the punishment was assessed at five (5) years.

The sufficiency of the evidence is not challenged. Suffice it to say the State's evidence reflects a sale of marihuana by the appellant to an undercover agent on February 18, 1971. Appellant's defense was alibi which was rejected by the jury's verdict.

At the outset, this 19-year old appellant...

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