Legal Opinion

Stuart v. State

Court of Criminal Appeals of Texas

Decided May 6, 1970No. 42826PublishedCited by 12 opinions

1Opinion of the Court

OPINION

BELCHER, Judge.

The conviction is for the unlawful possession of a narcotic drug, to wit, hashish; the punishment, thirty years.

The appellant contends that the trial court erred in overruling his motion to quash the indictment on the ground that the allegation in the indictment that he “did then and there unlawfully possess a narcotic drug, to wit, hashish” was a conclusion and does not allege the component parts of hashish.

Under the express terms of Article 725b, Sec. 1(13) (14), Vernon’s Ann.P.C., hashish is named as a narcotic drug. Having alleged the name of a particular drug as a…

2Cases cited7 opinions

  1. Bosley v. StateCourt of Criminal Appeals of Texas · 1967
  2. Platt v. StateCourt of Criminal Appeals of Texas · 1966
  3. Ortega v. StateCourt of Criminal Appeals of Texas · 1967
  4. Gonzalez v. StateCourt of Criminal Appeals of Texas · 1959
  5. Holcomb v. StateCourt of Criminal Appeals of Texas · 1962

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Frazier v. StateCourt of Criminal Appeals of Texas · 1972
  2. Lopez v. StateCourt of Criminal Appeals of Texas · 1978
  3. Horner v. State, Texas Court of Appeals, 13th District2004
  4. Garza v. State, Texas Court of Appeals, 4th District (San Antonio)1998
  5. Kee v. State, Texas Court of Appeals, 5th District (Dallas)1984

7 more not listed; retrieve them via the Exa API.

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