THORNTON v. STATE

No. 52597.

542 S.W.2d 181 (1976)

Randy Duane THORNTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 20, 1976.


Attorney(s) appearing for the Case

Ernest W. Rothfelder, Fort Worth, for appellant.

Jerry W. Woodlock, Dist. Atty., Gainesville, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for possession of over four ounces of marihuana. Punishment was assessed by the jury at five years.

The indictment alleged the offense occurred on or about June 5, 1974, and the record reflects that trial was on April 7, 1975.

Appellant in his second ground of error contends that "the argument of the prosecutor was prejudicial injecting harmful unsworn testimony before the Jury...

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