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ROBERTS v. STATE

No. 45307.

489 S.W.2d 113 (1972)

Billy ROBERTS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 17, 1973.

Attorney(s) appearing for the Case

Dean Dunlap, Amarillo, for appellant.

Tom Curtis, Dist. Atty., Kerry Knorpp, Asst. Dist. Atty., Amarillo, and Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for the sale of lysergic acid diethylamide, a dangerous drug; the punishment, five years imprisonment.

The sufficiency of the evidence is not questioned and unnecessary facts will be omitted.

The appellant, through several grounds of error, urges that the trial court erroneously amended the indictment out of his presence and without a hearing.

The indictment was amended by striking and...

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