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PEAK v. STATE

No. 49625.

522 S.W.2d 907 (1975)

John Larry PEAK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 4, 1975.

Attorney(s) appearing for the Case

William M. Porter, San Antonio, for appellant.

Ted Butler, Dist. Atty., Gordon V. Armstrong, Alan E. Battaglia, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the sale of amphetamine. The jury assessed punishment at ten years.

The record reflects that on the 12th day of March, 1971, appellant sold ten "black mollies" or amphetamine tablets to Robert Fullerton, an undercover agent, at the Cloverleaf Lounge in San Antonio.

Appellant testified that he had never been in trouble before and had never sold any pills to anyone. Richard Floan...

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