POAGE v. STATE

No. 47373.

507 S.W.2d 789 (1974)

Larry POAGE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 24, 1974.


Attorney(s) appearing for the Case

Hance & Sanders, Lubbock, J. Patrick Hazel of Gibbins & Spivey, Austin, for appellant.

Tom Hamilton, Dist. Atty., Plainview, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

This appeal is from a conviction in a jury trial of the sale of a narcotic drug, to-wit, marihuana. Punishment is five years.

Appellant initially contends that the evidence is insufficient as a matter of law to prove that he sold marihuana to Barry Sanders as alleged in the indictment. His second ground of error is that a fatal variance exists between the indictment, charging a sale to Barry Sanders, and the evidence...

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