Kirkland v. State

McDonald, judge.

The offense is the unlawful sale of a narcotic drug; the punishment, five years in the penitentiary.

The state’s evidence reflects that appellant was the owner of a drugstore in Houston and that, in one transaction, he sold to Officer Pollock, an undercover agent of the Houston police department, from the back door of his establishment, five four-ounce bottles of paregoric. There was no prescription for the preparation, and the officer was not required to sign any register. The bottles were unlabeled.

Appellant took the stand and denied the entire transaction.

The first…