Garcia v. State

OPINION

MORRISON, Judge.

The offense is sale of heroin; the punishment, twenty-five (25) years. These appellants were indicted separately but tried jointly. Since their conviction the appellant Mary Ellen Garcia has escaped and has not been returned to custody and her appeal is dismissed. Appellant Herrera advances several grounds of error. His first is that the Court erred in failing to charge on the defense of entrapment. A detailed statement of the facts is necessary.

Agents Larsen and Flynn of the Narcotic Section of the Department of Public Safety testified that they were in San Angelo on…