Legal Opinion

Moore v. State

Court of Criminal Appeals of Texas

Decided January 26, 1977No. 53059PublishedCited by 45 opinions

1Opinion of the Court

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for attempting to obtain a controlled substance by fraud. Trial was before the court upon a plea of guilty, and punishment was assessed at two years.

The indictment alleged the offense occurred on or about July 25, 1975, and the record reflects that trial was on January 14, 1976.

Appellant contends in his sole ground of error that the indictment under which he was convicted is fatally defective because the offense charged does not exist under the laws of the State of Texas. The pertinent portion of the indictment recites as follows:

“.…

2Cases cited2 opinions

  1. American Plant Food Corporation v. StateCourt of Criminal Appeals of Texas · 1974
  2. Shane v. StateCourt of Criminal Appeals of Texas · 1974

3Cited by45 opinions

  1. Crocker v. StateCourt of Criminal Appeals of Texas · 1978
  2. State v. ColyandroCourt of Criminal Appeals of Texas · 2007
  3. Dubry v. StateCourt of Criminal Appeals of Texas · 1979
  4. Ramiro Mendiola v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1981
  5. Chase, Ryan FrancisCourt of Criminal Appeals of Texas · 2014

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