Gonzales v. State

WOODLEY, Judge.

The indictment under which appellant was prosecuted was in two counts, the first alleging that he unlawfully possessed marijuana and the second, upon which he was found guilty and assessed a term of ten years, alleges “that the said Armando Postel Gonzales, on or about the 18th day of August, A.D. 1955, in said County and State, did then and there unlawfully sell to Bobby French, marijuana.”

The court, in his charge, instructed the jury that it is unlawful for any person in this state to sell marijuana, and upon the verdict of the jury rendered judgment finding appellant “guilty…