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WAGONER v. STATE

No. 56258.

557 S.W.2d 114 (1977)

Leslie William WAGONER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 26, 1977.

Attorney(s) appearing for the Case

Van Ballew, Dallas, for appellant.

Henry M. Wade, Dist. Atty., and Jerome L. Croston, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the unlawful possession of amphetamine, a dangerous drug. The punishment assessed is imprisonment for 2 years. The State alleged that the appellant had had a prior conviction for a like offense, possession of barbiturates. The Dangerous Drug Act, Art. 726d, V.A.P.C. 1925, in effect at the time of the alleged commission of this offense, provided that a second or subsequent violation was...

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