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GONZALES v. STATE

Nos. 51166 and 51167.

530 S.W.2d 570 (1975)

Henry GONZALES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 10, 1975.

Attorney(s) appearing for the Case

Peter Torres, Jr., San Antonio, for appellant.

Ted Butler, Dist. Atty. and Michael Schill, Donald A. Clowe and Douglas C. Young, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

Appellant was convicted by a jury under two indictments charging him with delivery of marihuana. The court assessed punishment at three (3) years in each case; however, imposition of sentence was suspended and appellant was placed on probation.

Appellant's sole contention is that the indictments are fundamentally defective for failure to allege the amount of marihuana delivered. He relies on Wilson v. State,

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