Lowery v. State
Court of Criminal Appeals of Texas
The opinion states the case.
1Opinion of the Court
PRENDERGAST, Presiding Judge.
Appellant' was convicted for unlawfully prescribing morphine to an habitual user and assessed the lowest punishment, a fine of $25.
Appellant contends that the indictment is fatally defective in that, in substance, there is no proper allegation therein negativing the proviso. ■
The statute (P. C., art. 748) is: “It shall be unlawful for any practitioner of medicine, dentistry or veterinary medicine to furnish to, or prescribe for the use of, any habitual user of the same, any cocaine or morphine, or any salts or compound of cocaine or morphine, or any preparation…
2Cases cited66 opinions
- United States v. CookSupreme Court of the United States · 1872
- De Graff v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- State v. BarrettIndiana Supreme Court · 1909
- State v. SmithSupreme Court of Missouri · 1911
61 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Few v. StateCourt of Criminal Appeals of Texas · 1979
- Baker v. StateCourt of Criminal Appeals of Texas · 1937
- State v. SnyderNew Mexico Supreme Court · 1924
- Sproulen v. StateCourt of Criminal Appeals of Texas · 1924
- Few v. StateCourt of Criminal Appeals of Texas · 1979
1 more not listed; retrieve them via the Exa API.