St. Pe v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for sale of heroin. Punishment was assessed by the jury at seven years.

Appellant contends that the court erred in refusing to permit counsel for appellant, in his opening statement to the jury, at the guilt stage of the trial, to inform the jurors that appellant intended to prove temporary insanity due to the voluntary use of drugs in mitigation of punishment.

In support of this contention, appellant relies on Article 36.01, Vernon’s Ann.C. C.P., providing for “Order of proceeding in trial.” After the testimony on the part of the…