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PANNELL v. STATE

No. 37282.

384 S.W.2d 350 (1964)

Lee Roy PANNELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 2, 1964.

Attorney(s) appearing for the Case

Les Procter, Austin, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for the unlawful possession of unstamped cigarettes; the punishment, two years in the penitentiary and a fine of $4,000.

Appellant challenges the sufficiency of the indictment.

The conviction rests upon the second count in the indictment which alleges that the appellant:

"* * * did then and there unlawfully have in his possession for the purpose of transportation and distribution packages of cigarettes...

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