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ELLERBEE v. STATE

No. 60453.

631 S.W.2d 480 (1981)

Arthur Donald ELLERBEE, Appellant, v. The STATE of Texas, Appellee.

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

On Rehearing January 27, 1982.

Rehearing Denied May 5, 1982.

Attorney(s) appearing for the Case

Joe Mike Egan, Jr., Jack Collins, Kerrville, for appellant.

Ronald L. Sutton, Dist. Atty., Junction, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and TOM G. DAVIS and CLINTON, JJ.

On Rehearing En Banc January 27, 1982.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for possession of tetrahydrocannabinol. Art. 4476-15, Sec. 4.02(c)(Q), V.A.C.S. After the jury found appellant guilty, the court assessed punishment at 5 years.

By way of a supplemental brief, appellant challenges the indictment in this cause for the first time on appeal. He maintains that the indictment is fundamentally defective for failing...

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