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FERGUSON v. STATE

No. 58518.

622 S.W.2d 846 (1980)

Aaron Delbert FERGUSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

On Rehearing September 23, 1981.

Rehearing Denied November 4, 1981.

Attorney(s) appearing for the Case

Jimmy Phillips, Jr., Angleton, for appellant.

Carol S. Vance, Dist. Atty., John B. Holmes, Jr., Dist. Atty. and Calvin A. Hartmann and Richard Cobb, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and CLINTON, JJ.

OPINION

CLINTON, Judge.

This is an appeal from a conviction for the offense of delivery of heroin wherein the jury assessed appellant's punishment at confinement in the Texas Department of Corrections for a term of forty-five years.

By his first ground of error, appellant contends that the trial court erred in overruling his motion to quash the indictment returned against him. Omitting the formal portions, the indictment on which appellant was tried...

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