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RIDDLE v. STATE

No. 55890.

560 S.W.2d 642 (1977)

J. C. RIDDLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Motion for Rehearing Denied February 8, 1978.

Attorney(s) appearing for the Case

None on appeal.

Arthur C. Eads, Dist. Atty., and James T. Russell, Asst. Dist. Atty., Belton, Jim D. Vollers, State's Atty., Austin, for the State.

State's Motion for Rehearing Denied February 8, 1978.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the delivery of phentermine; the punishment is confinement in jail for 4 months.

We have reviewed the record as required by Art. 40.09, Sec. 13, V.A.C.C.P., and unassigned error requires that we reverse the judgment. At the time that it is alleged that appellant delivered phentermine there was no criminal penalty provided...

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