DICE, Commissioner.
Upon a plea of nolo contendere, appellant was convicted of the offense of unlawfully possessing a bomb and his punishment assessed by the jury at confinement in the penitentiary for 5 years.
The indictment drawn under Art. 1723, Vernon's Ann.P.C. alleged that appellant did "unlawfully possess and have in his control a bomb, to-wit, a combustible substance, to-wit, gasoline contained and controlled within a container, then and there provided...
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