Gonzales v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for sale of heroin; the punishment, enhanced under Article 63, Vernon’s Ann.P.C., life.

The sufficiency of the evidence is not challenged.

At the outset, appellant contends the trial court erred in overruling his motion for mistrial when it was brought to the jury’s attention that appellant was in custody. During the course of the trial and out of the presence of the jury, the record reflects the following motion by appellant and the court’s ruling thereto:

“MR. CALHOUN: The jury was retired some thirty minutes ago for a ten-minute…