Lundy v. State

MORRISON, Presiding Judge.

The offense is the sale of marijuana; the punishment, 10 years.

The prosecuting witness stated that she went to a certain lounge in the city of Houston on the day in question and there purchased from the appellant a large envelope which contained a substance later identified by an expert witness as marijuana.

The appellant did not testify or offer any evidence in his own behalf.

The only serious question presented for review by this record is the failure of the court to instruct a verdict of not guilty on the grounds that the prosecuting witness was an accomplice…