WOODLEY, Judge.
The offense is the unlawful possession of a machine gun; the punishment, 2 years.
The indictment drawn under Art. 489b Vernon's Ann.P.C. alleged that appellant did "unlawfully possess a machine gun, to-wit, a weapon from which more than five (5) shots or bullets may be automatically discharged from a magazine by a single functioning of the firing device."
Art. 489b V.A.P.C., Sections, 1, 2 and 4, read as follows:
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