Luna v. State

WOODLEY, Judge.

The offense is the sale of heroin; the punishment, 25 years.

The count of the indictment upon which the case was submitted to the jury alleged the sale of a narcotic drug, to-wit, heroin, to William Gober.

Gober, an ex-convict, testified that on August 30, 1963, the date alleged in the indictment, he was at an Icehouse-Beer Parlor drinking beer. About 1 o’clock P.M. the appellant and one Robert or Bobby Ortega drove up.

In a conversation between them appellant asked Gober if he “wanted to score” and Gober said he probably would in a little while.

Appellant said he would have “some…