Court of Criminal Appeals of Texas May 23, 1973, 45736 (McCrea v. State)

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for sale of marihuana wherein the punishment was assessed at five (S) years.

The sufficiency of the evidence is not challenged. Suffice it to say the State’s evidence reflects a sale of marihuana by the appellant to an undercover agent on February 18, 1971. Appellant’s defense was alibi which was rejected by the jury’s verdict.