Silva v. State

WOODLEY, Judge.

This is an appeal from a conviction for a subsequent offense of violation, of the Uniform Narcotic Drug Act, with punishment assessed at 50 years.

The second count of the indictment, upon which the case was submitted to the jury, alleged the sale of heroin to John William Gober. A prior conviction for unlawful possession of heroin was alleged.

John William Gober testified that he had a telephone conversation with appellant during which appellant asked “What are you trying to do — score?” and said “Well, if you are trying to score, I have some stuff myself, here at the house.”…