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CROCKETT v. STATE

No. 48507.

511 S.W.2d 519 (1974)

David Ray CROCKETT, Sr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 17, 1974.

Attorney(s) appearing for the Case

Russell T. Van Keuren, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Dave Crump, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

McCLOUD, Commissioner.

Appeal is taken from a conviction for the misdemeanor offense of attempting to obtain a dangerous drug, to-wit: Talwin, by use of a forged prescription. Punishment was assessed by the jury at thirty days in jail and a fine of $500.00.

Appellant contends the information was fundamentally defective because Talwin was not listed as a "dangerous drug" in Section 2, Article 726d, Vernon's Ann.P.C., at the time of the alleged...

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