Hall v. State

HARWOOD, Justice.

We are not in accord with the conclusions of the Court of Criminal Appeals that because the indictment in this case failed to negative that the drugs possessed by the defendant were (1) obtained upon a valid prescription and held in the original container, or (2) were not delivered by a practitioner in the course of his practice and were held in the original container, stated no offense and was therefore void.

The indictment upon which the defendant below was convicted charged in parts pertinent to this review that the defendant:

“ * * * did * * * unlawfully possess 23 tablets…