MONTES v. STATE

No. 46965.

501 S.W.2d 902 (1973)

Steve R. MONTES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 5, 1973.


Attorney(s) appearing for the Case

Sam C. Bashara, San Antonio, for appellant.

Ted Butler, Dist. Atty., Gus Wilcox, Dick Ryman and David K. Chapman, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

This appeal is taken from a conviction for possession of heroin wherein the punishment was assessed at five (5) years.

Trial was before the court without the intervention of a jury.

The sole ground of error is that the trial court "erred in finding the appellant guilty of possession of a narcotic drug because appellant was an accomodation (sic) agent as a matter of law."

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