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SAUNDERS v. STATE

No. 48762.

511 S.W.2d 281 (1974)

James D. SAUNDERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 2, 1974.

Attorney(s) appearing for the Case

A. J. Hohman, Jr., San Antonio (Court-appointed), for appellant, on appeal only.

Ted Butler, Dist. Atty., Lucien Campbell and Josephine M. Hall, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for sale of marihuana. Trial was before the court upon a plea of not guilty. Punishment was assessed at two years.

At the outset appellant contends that the court fundamentally erred in that it entered a judgment on an indictment which did not recite an offense for which a conviction may be found.

The pertinent portion of the indictment...

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