Allen v. State

OPINION

GREEN, Commissioner.

Appellant was convicted in a trial before a jury of the sale of a narcotic drug, to-wit, heroin. Punishment was assessed at twenty-five years.

The State’s evidence showed a sale by appellant to an undercover agent of the Fort Worth Police Department on June 8, 1972, of .3 of a gram of 18½% heroin for $50.00. Appellant testified, denying the sale.

Appellant’s sole ground of error complains of the action of the court in overruling his oral motion for a continuance.

Article 29.03, Vernon’s Ann.C.C.P., reads:

“A criminal action may be continued on the written motion of the…