Stephens v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for sale of heroin. Punishment was assessed by the jury at fifty years.

On original submission, the appeal was abated in order that appellant, an indigent, might be furnished a free transcription of the court reporter’s notes for the purpose of the appeal. Stephens v. State, Tex.Cr.App., 509 S.W.2d 363. The record now before us includes a transcription of the court reporter’s notes. Since the basis for abatement on original submission is no longer present, the appeal will be considered.

At the outset, appellant contends the court…