Suarez v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of delivery of marihuana. After the appellant waived a jury trial, entered a plea of guilty, and was found guilty, the court assessed appellant’s punishment at imprisonment for 5 years.

We have in this appeal a question of the sufficiency of the indictment. The indictment alleged in the first count that the appellant “on or about March 27, 1974, did then and there unlawfully, knowingly and intentionally, deliver to Tom Garner marihuana.” The second count of the indictment alleged that the appellant possessed on the…