Poage v. State

OPINION

GREEN, Commissioner.

This appeal is from a conviction in a jury trial of the sale of a narcotic drug, to-wit, marihuana. Punishment is five years.

Appellant initially contends that the evidence is insufficient as a matter of law to prove that he sold marihuana to Barry Sanders as alleged in the indictment. His second ground of error is that a fatal variance exists between the indictment, charging a sale to Barry Sanders, and the evidence, which, he says, showed at best a sale to one Chuck Jones.

Barry Sanders, a witness for the State, testified that in November, 1970, he was working as an…