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BAILEY v. STATE

No. 56607.

559 S.W.2d 958 (1978)

Danny Wayne BAILEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 11, 1978.

Attorney(s) appearing for the Case

Johnny R. Kolenda, Houston, for appellant.

Carol S. Vance, Dist. Atty., William W. Burge and Ira L. Jones, II, Asst. Dist. Attys., Houston, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for delivery of heroin, wherein the punishment was assessed at eight (8) years' imprisonment by the court.

In his sole ground of error appellant contends that the second count of the indictment under which he was indicted was fundamentally defective in that it failed to allege the delivery was not "authorized by this Act." (Article 4476-15, § 4.03, V.A. T.S.)

The said...

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