Binnion v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for delivery of marihuana. Punishment, enhanced by two prior felony convictions, was assessed at life.

The State offered evidence that appellant sold 14.19 ounces of marihuana to Jerry Davis for $160.00. At the time of the sale, Davis was an undercover investigator working for the Ector County District Attorney’s Office.

The appellant contends that “the trial court erred in excluding evidence which could have impeached” Davis. During cross-examination, Davis testified that he had never smoked any marihuana and that he had never…