KOLBERT v. STATE

No. 58487.

590 S.W.2d 711 (1979)

Mark Houston KOLBERT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

December 19, 1979.


Attorney(s) appearing for the Case

Robert M. Rose, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Stephen J. Wilensky, and Les S. Eubanks, Jr., Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and DOUGLAS and W. C. DAVIS, JJ.


OPINION

DOUGLAS, Judge.

The conviction was for the possession of opium. The court assessed punishment at fifteen years.

Kolbert, on appeal, argues that the indictment is fundamentally defective because it cannot be ascertained whether a felony or misdemeanor is charged.

The indictment alleges that Kolbert did "... knowingly and intentionally possess a controlled substance, namely, opium."

...

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