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HOLDAWAY v. STATE

No. 47391.

505 S.W.2d 262 (1974)

Mike HOLDAWAY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 13, 1974.

Attorney(s) appearing for the Case

Harris E. Lofthus, Amarillo, for appellant.

Tom Curtis, Dist. Atty., and John J. Wheir, Asst. Dist. Atty., Amarillo, Jim D. Vollers, State's Atty., Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of selling a narcotic drug, to-wit: morphine. Punishment was assessed by the court at five years. Appellant raises four grounds of error, the first being that the court erred in refusing his motion for an instructed verdict.

The record reflects that Michael D. Raef was sold two tablets of morphine on July 21, 1971. Raef testified that in July of 1971 he was employed by the Amarillo...

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