Crockett v. State

OPINION

McCLOUD, Commissioner.

Appeal is taken from a conviction for the misdemeanor offense of attempting to obtain a dangerous drug, to-wit: Talwin, by use of a forged prescription. Punishment was assessed by the jury at thirty days in jail and a fine of $500.00.

Appellant contends the information was fundamentally defective because Talwin was not listed as a “dangerous drug” in Section 2, Article 726d, Vernon’s Ann.P.C., at the time of the alleged offense. 1 We agree.

The information alleges that appellant on or about November 26, 1971, attempted to obtain a “dangerous drug, to-wit: Talwin” by…