Elder v. State

OPINION

ONION, Presiding Judge.

The offense is possession of dangerous drugs, to wit': barbiturates, subsequent offense; the punishment, six years in the Texas Department of Corrections. 1 The conviction was under the provisions of Article 726d, Vernon’s Ann.P.C., as amended in 1959 (Acts 1959, 56th Leg., p. 923, ch. 425) and as amended in 1965 (Acts 1965, 59th Leg., p. 971, ch. 466). 2

The appellant waived trial by jury and entered a plea of not guilty before the court. See Article 1.15, Vernon’s Ann. C.C.P. After both sides rested and closed, the court held a “punishment hearing” apparently in…