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BOONE v. STATE

No. 42356.

450 S.W.2d 614 (1970)

Jerry Couch BOONE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 28, 1970.

Attorney(s) appearing for the Case

Donald D. Koons, Dallas, for appellant.

Henry Wade, Dist. Atty., John Tolle, Camille Elliott and James Finstrom, Asst. Dist. Attys., Dallas, and Jim Vollers, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The offense is the unlawful possession of a dangerous drug, to-wit, Obedrin,1 committed subsequent to a final conviction for the illegal possession of dangerous drugs; the punishment, five years, in the Department of Corrections. (Art. 726d, Sec. 15(a), Vernon's Ann.P.C.)

It is contended that there is a fatal variance between the pleadings and the proof in that the indictment alleges the prior...

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