HARGETT v. STATE

No. 12-85-0091-CR.

718 S.W.2d 923 (1986)

Billy Herbert HARGETT, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied November 26, 1986.


Attorney(s) appearing for the Case

Billy Herbert Hargett, pro se.

Billy Bandy, Asst. Dist. Atty., Athens, for appellee.


COLLEY, Justice.

Billy Herbert Hargett was convicted by a jury of delivery of marihuana by actual transfer. The trial judge assessed punishment at ten years' confinement. Hargett represents himself before this court, and presents two points of error claiming, first, a fatal variance between the State's allegation and its proof, and second, that the evidence is insufficient to support his conviction. We will sustain both points of error.

The indictment returned...

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