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HAGGERTY v. STATE

No. 45871.

491 S.W.2d 916 (1973)

Jimmy Carl HAGGERTY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 28, 1973.

Attorney(s) appearing for the Case

Jerry L. Calhoon, Tyler, for appellant.

Curtis L. Owen, Dist. Atty., Pete Menefee, Asst. Dist. Atty., Tyler, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is the sale of LSD;1 the punishment, five (5) years.

Appellant's first ground of error relates to the overruling of his first motion for continuance based on the absence of a witness.

In Massoletti v. State, 165 Tex.Cr.R. 120, 303 S.W.2d 412, we were confronted with a similar situation and concluded, as we do here, that:

"We find...

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