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VASQUEZ v. STATE

No. 50049.

522 S.W.2d 910 (1975)

Frank VASQUEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 28, 1975.

Attorney(s) appearing for the Case

Antonio G. Cantu, San Antonio (Court-appointed), Philip M. Hall, Corpus Christi (Court-appointed), for appellant.

Ted Butler, Dist. Atty., E. Dickinson Ryman and Douglas C. Young, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is delivery of heroin, a controlled substance; the punishment, 10 years.

By ground of error one, appellant contends that the indictment against him is fundamentally defective and will not support his plea of guilty under Sec. 4.03(a) of the Texas Controlled Substances Act, Vernon's Ann.Civ.St. because it fails to contain the word "unlawfully".1

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