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SUAREZ v. STATE

No. 51096.

532 S.W.2d 602 (1976)

Osvaldo Rivera SUAREZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 21, 1976.

Attorney(s) appearing for the Case

Percy Foreman and Dick DeGuerin, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Gerard Guerinot, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of delivery of marihuana. After the appellant waived a jury trial, entered a plea of guilty, and was found guilty, the court assessed appellant's punishment at imprisonment for 5 years.

We have in this appeal a question of the sufficiency of the indictment. The indictment alleged in the first count that the appellant "on or about March 27, 1974, did then and there unlawfully...

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