Baldwin v. State

OPINION

ODOM, Justice.

This appeal is from a conviction for the offense of unlawful sale of a narcotic drug, to-wit: heroin. Punishment was assessed by a jury at ten years.

The sufficiency of the evidence is not challenged. Four grounds of error are submitted, the first alleges that the trial court erred by not granting the motion to quash the indictment. This contention is based on the ground that there were unauthorized persons with the grand jury while testimony was being heard “to persuade the grand jury to return said indictment.”

Testimony at a pre-trial motion developed that Odell Wagner,…