Peak v. 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, a detective of the Anaheim, California, Police Department, testified that in June of 1971 appellant gave him what he described as “righteous” mescaline. He…