upholding conviction under circumstances where heroin collected measured 1700 micrograms and appeared as "a white substance" or "white powder"
How later courts described this case
- upholding conviction under circumstances where heroin collected measured 1700 micrograms and appeared as "a white substance" or "white powder"
- evidence of visible residue on spoon, eye-dropper and needle, as well as particles of power on cellophane paper, aggregating 1700 micrograms equivalent to one capsule of 3% heroin not insufficient under Pelham and Greer, supra
Written by the judges who cited it.
The opinion
DAVIDSON, Judge,
(dissenting).
*113 Appellant’s motion for rehearing is overruled without written opinion by a majority of this court.
I am convinced that appellant was deprived of his constitutional right under Art. 1, Sec. 10, of the Constitution of this state, to be confronted by the witnesses against him and that the proof of prior convictions by hearsay testimony violated that constitutional guarantee and constituted a denial of due process under the Fourteenth Amendment to the Constitution of the United States.
My views upon the subject are fully stated in my dissenting opinion in the case of Davis v. State, 167 Tex. Cr. R. 524 , 321 S. W. 2d 873 .