Foster v. State

*711OPINION

DALLY, Judge.

This is an appeal from a conviction for the possession of cocaine; the punishment is imprisonment for six years and a fine of $1,000, probated.

The indictment alleges that on or about August 24,1977, the appellant “intentionally and knowingly possess[ed] a controlled substance, namely, cocaine.” At the time alleged cocaine was not specifically named in the penalty group of the Controlled Substance Act. The pleading fails to allege an offense; such a pleading in Crowl v. State, 611 S.W.2d 59 (Tex.Cr.App.1981) was held to be fundamentally defective. Since the pleading is…