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WIRGES v. STATE

No. 49882.

521 S.W.2d 251 (1975)

Joseph A. WIRGES, III, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 9, 1975.

Attorney(s) appearing for the Case

Brown, Hamby & Bancroft, Big Spring, for appellant.

Robert H. Moore, III, Dist. Atty., Big Spring, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

Appellant was convicted of delivery of marihuana; punishment was assessed at ten years' imprisonment; adult probation was granted by the court.

The appellant waived prosecution by indictment and consented to be charged by information. The date of the offense was June 6, 1974.

We have examined the information and find it to be fundamentally defective for failure to allege the amount of marihuana delivered. Mears and Willis...

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