Saunders v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for sale of marihuana. Trial was before the court upon a plea of not guilty. Punishment was assessed at two years.

At the outset appellant contends that the court fundamentally erred in that it entered a judgment on an indictment which did not recite an offense for which a conviction may he found.

The pertinent portion of the indictment recites that appellant “on or about the 2nd day of April, 1973 did then and there unlawfully sell to James Rozar a narcotic drug, to wit: marihuana.” Appellant points to the record where the court…