Ex parte Roberts

*139OPINION

DALLY, Judge.

This is a post-conviction habeas corpus proceeding, Art. 11.07, V.A.C.C.P., in which the petitioner asserts that his conviction is void because the indictment on which he was convicted is fundamentally defective.

The petitioner argues that the indictment attempts, but fails, to allege an offense under the provisions of Art. 725b, Sec. 20(1), V.A.P.C. (1925). The indictment in pertinent part alleges that the petitioner did on or about October 23, 1963:

“unlawfully attempt to obtain a narcotic drug, to-wit, diluadid pills, by fraud, deceit, and misrepresentation, and by…