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MEDRANO v. STATE

No. 50,137.

524 S.W.2d 719 (1975)

Antonio MEDRANO, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas,

June 25, 1975.

Attorney(s) appearing for the Case

Alan Brown, Appeleberry, Deyeso & Haase, San Antonio, for appellant.

Joe Carroll, Dist. Atty., Bob D. Odom, Asst. Dist. Atty., Belton, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ROBERTS, Judge.

Appellant was convicted of delivery of marijuana under the Controlled Substances Act. The jury assessed his punishment at five years' confinement and a fine of three thousand dollars.

Appellant's third ground alleges that the indictment is fatally defective for failing to allege the quantity involved or that the delivery was for remuneration. We agree.

Section 4.05 of the Controlled Substances Act provides, in part...

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