Draper v. State

*564OPINION

JACKSON, Commissioner.

The conviction was for possession of heroin, a narcotic drug, on or about April 5, 1972. Having found that the appellant had before been convicted for the offense of possession of heroin on February 8, 1967, the jury assessed his punishment at 38 years.

It is the contention of appellant that the court erred in failing to charge the jury on the law of circumstantial evidence, as properly requested by him. We agree.

On April 5, 1972, Officer Pierpont was in swimming at a pool across the street from the apartment where he lived. He observed appellant and Caldwell park…