Hernandez v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for sale of heroin, under an indictment alleging a prior conviction for the possession of heroin. See Article 725b, Vernon’s Ann.P.C. Punishment was assessed by the jury at sixty (60) years.

At the outset it is contended that the court erred in refusing to admonish appellant as to his privilege aginst self-incrimination.

Officer Chevera testified that while working undercover, posing as a dope addict, he purchased a gram of heroin from appellant on June 27, 1972, for thirty dollars.

Appellant, testifying in his own behalf, stated that…