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WHITAKER v. STATE

No. 55885.

572 S.W.2d 956 (1978)

Michael Samuel WHITAKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied November 22, 1978.

Attorney(s) appearing for the Case

H. William Johnson, Houston, for appellant.

None appearing for the State.

En Banc.

Rehearing En Banc Denied November 22, 1978.

OPINION

ONION, Presiding Judge.

Our prior opinion is withdrawn.

The indictment in this case, omitting the formal parts, alleged that appellant on or about May 18, 1976 did "knowingly and intentionally offer to sell a controlled substance, namely: Marijuana,1 to R. L. FERGUSON." On September 9, 1976 appellant waived trial by...

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