Bates v. State

OPINION

CLINTON, Judge.

Appeal is taken from a conviction for delivery of heroin; the jury assessed punishment is twenty five years. Appellant advances fourteen grounds of error. We agree that there is reversible error in the case and, accordingly, reverse.

The indictment in the case reveals the prosecution to have been based on the single allegation that appellant “on or about the 6 day of October, [1977] ... did unlawfully, knowingly and intentionally deliver a controlled substance, namely: HEROIN, to R.J. Mack.” Yet, the evidence offered by the State, transcribed among more than 500 pages of…