Ex parte Page

Court of Criminal Appeals of Texas

Ex parte Page

561 S.W.2d 843, 1978 Tex. Crim. App. LEXIS 1043

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 22, 1978

DocketNo. 56148

StatusPublished

This text of 561 S.W.2d 843 (Ex parte Page) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Page, 561 S.W.2d 843, 1978 Tex. Crim. App. LEXIS 1043 (Tex. 1978).

Pincite

Opinion

OPINION

DOUGLAS, Judge.

This is an appeal from the action of the trial court in denying relief prayed for in a pre-conviction writ of habeas corpus petition.

Petitioner was indicted for delivery of a dangerous drug, namely, phentermine. Bail was set at $10,000.00.

[844]*844In Riddle v. State, Tex.Cr.App., 560 S.W.2d 642 (1977), we held that phenter-mine is a controlled substance but not a dangerous drug. Since there is no penalty for its possession or delivery, no prosecution may be legally sustained for the delivery of it.

The order of the trial court setting bail is set aside and petitioner is ordered released from custody, because of this indictment, without bail.

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