BATES v. STATE

No. 60512.

643 S.W.2d 939 (1982)

Leroy BATES, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied January 26, 1983.


Attorney(s) appearing for the Case

Ross Teter, Dallas, for appellant.

Henry Wade, Dist. Atty., and Steve Wilensky, and Brady Sparks, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Attys., Austin, for the State.

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


OPINION

CLINTON, Judge.

Appeal is taken from a conviction for delivery of heroin; the jury assessed punishment is twenty five years. Appellant advances fourteen grounds of error. We agree that there is reversible error in the case and, accordingly, reverse.

The indictment in the case reveals the prosecution to have been based on the single allegation that appellant "on or about the 6 day of October, [1977] ... did unlawfully, knowingly and intentionally...

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