OPINION
W. C. DAVIS, Judge.
This is an appeal from a conviction for possession of Secobarbital. Punishment was assessed at confinement for ten years.
Initially, we find unassigned error which we shall review in the interest of justice. See Article 40.09, Sec. 13, Vernon's Ann.C. C.P. The indictment in this case alleges that on or about April 30, 1977, the appellant did "knowingly and intentionally possess with intent to deliver, a controlled substance...
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