Flores v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for sale of heroin. The jury assessed the punishment at eighteen hundred years.

Appellant contends the court erred in denying his motion for change of venue. The State urges that the motion was not accompanied by appellant’s affidavit as required by Article 31.03, Vernon’s Ann. C. C.P. 1 , and was therefore defective.

On February 3, 1971, appellant filed a motion for change of venue. The motion was signed by appellant’s court-appointed counsel but was not accompanied by appellant's personal affidavit. The motion was supported by the…