Vasquez v. State

OPINION

MORRISON, Judge.

The offense is delivery of heroin, a controlled substance; the punishment, 10 years.

By ground of error one, appellant contends that the indictment against him is fundamentally defective and will not sup*911port his plea of guilty under Sec. 4.03(a) of the Texas Controlled Substances Act, Vernon’s Ann.Civ.St. because it fails to contain the word “unlawfully”.1

Reliance, among other authorities, is had upon our opinion in Jansson v. State, 473 S.W.2d 40, wherein we said:

“In this case the motion to revoke does not allege facts which would necessarily constitute a violation of…