Legal Opinion

Riddle v. State

Court of Criminal Appeals of Texas

Decided November 2, 1977No. 55890PublishedCited by 15 opinions

1Opinion of the Court

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the delivery of phentermine; the punishment is confinement in jail for 4 months.

We have reviewed the record as required by Art. 40.09, Sec. 13, V.A.C.C.P., and unassigned error requires that we reverse the judgment. At the time that it is alleged that appellant delivered phentermine there was no criminal penalty provided for the act, nor is there at the present time.

Substances which are included in the five schedules of controlled substances of the Controlled Substances Act are by definition not dangerous drugs. 1 Prior to the…

2Cases cited5 opinions

  1. Samson v. StateCourt of Special Appeals of Maryland · 1975
  2. Tibbetts v. StateCourt of Criminal Appeals of Texas · 1973
  3. United States v. BenishDistrict Court, W.D. Pennsylvania · 1975
  4. State v. GulaSuperior Court of Delaware · 1974
  5. United States v. BenishCourt of Appeals for the Third Circuit · 1975

3Cited by15 opinions

  1. Grady v. StateCourt of Criminal Appeals of Texas · 1982
  2. Ex Parte WilsonCourt of Criminal Appeals of Texas · 1979
  3. Chalin v. StateCourt of Criminal Appeals of Texas · 1983
  4. Ex Parte AshcraftCourt of Criminal Appeals of Texas · 1978
  5. Lumberas v. StateCourt of Criminal Appeals of Texas · 1977

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