Hughes v. State
317 S.W.2d 55, 1958 Tex. Crim. App. LEXIS 4829
Opinion
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] Vernon’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.
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Hughes v. State, 317 S.W.2d 55, 1958 Tex. Crim. App. LEXIS 4829 (Tex. 1958).
317 S.W.2d 55 (Hughes v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Harrell v. State
314 S.W.2d 590 (Court of Criminal Appeals of Texas, 1958)