Santillian v. State

BEAUCHAMP, Judge.

The conviction was for the sale of marijuana with a punishment of five years in the state penitentiary.

The indictment alleges that appellant sold marijuana, a narcotic drug, to Tony Ramirez, who became the chief prosecuting witness in the case. This witness was fifteen years of age and his testimony appears to be necessary to sustain the conviction.

It is contended that, under Chapter 204, Acts of the 48th Legislature (Art. 2338-1, Vernon’s Ann. Civ. St.), known as the Delinquent Child Act, and by virtue of Section 5 of Article 1, Constitution of Texas, Ramirez was not…