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MEARS v. STATE

No. 49735.

520 S.W.2d 380 (1975)

Roger MEARS and Joe Willis, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 26, 1975.

Attorney(s) appearing for the Case

Lindley Gary Beckworth, Jr., Longview, for appellants.

Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

Appellants were convicted of delivery of marihuana; punishment was assessed at three years.

The offense was committed after the effective date of the Controlled Substances Act (Art. 4476-15, Vernon's Ann.Civ.St.), and the prosecution was predicated upon Section 4.05(d)-(f) of that Act, which provides:

"Sec. 4.05 ... "(d) Except as otherwise provided by this Act, a person commits an offense if he knowingly or...

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