Hughes v. State

Court of Criminal Appeals of Texas

Hughes v. State

317 S.W.2d 55, 1958 Tex. Crim. App. LEXIS 4829

CourtCourt of Criminal Appeals of Texas

DecidedOctober 22, 1958

DocketNo. 29996

StatusPublished

This text of 317 S.W.2d 55 (Hughes v. State) 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

Hughes v. State, 317 S.W.2d 55, 1958 Tex. Crim. App. LEXIS 4829 (Tex. 1958).

Pincite

Opinion

MORRISON, Presiding Judge.

The offense is the possession of amphetamine ; the punishment, a fine of. $500.

The State, through her district attorney, confesses error, and we agree. Subsequent to the instant prosecution, this Court in Harrell v. State, Tex.Cr.App., 314 S.W.2d 590, held that Section 8 of Article 726c. [56]*56Vernon’s Ann.P.C., insofar as it attempts to make unlawful the possession and delivery of amphetamine is void because of indefiniteness and uncertainty.

The judgment is reversed and the prosecution is ordered dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

MORRISON, Presiding Judge.

The offense is the possession of amphetamine ; the punishment, a fine of. $500.

The State, through her district attorney, confesses error, and we agree. Subsequent to the instant prosecution, this Court in Harrell v. State, Tex.Cr.App., 314 S.W.2d 590, held that Section 8 of Article 726c. [56]*56Vernon’s Ann.P.C., insofar as it attempts to make unlawful the possession and delivery of amphetamine is void because of indefiniteness and uncertainty.

The judgment is reversed and the prosecution is ordered dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

317 S.W.2d 55, 1958 Tex. Crim. App. LEXIS 4829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-state-texcrimapp-1958.

Opinion

Related

Cite This Page — Counsel Stack