Robinson v. State

OPINION

DALLY, Commissioner.

The conviction is for the sale of marihuana; the jury assessed punishment of five years imprisonment, but made a recommendation that the appellant be granted probation.

The appellant challenges the sufficiency of the evidence to sustain the conviction.

The first count in the indictment alleges that the appellant sold marihuana to Lonnie Watson. It is the State’s theory that the appellant is guilty of the sale of marihuana as a principal and the jury was instructed on this theory.

Evidence of the sale comes solely from the testimony of Watson, an undercover agent. He…