Legal Opinion
Ex Parte Barcelo
Court of Criminal Appeals of Texas
Decided February 28, 1979No. 60379PublishedCited by 10 opinions
1Opinion of the Court
OPINION
DALLY, Judge.
This is a post-conviction habeas corpus proceeding pursuant to the provisions of Art. 11.07, V.A.C.C.P.
On December 14, 1977, petitioner was convicted of the offense of delivering more than one-fourth ounce of marihuana in Cause No. 8518 on the docket of the 105th Judicial District Court of Upshur County. Punishment was assessed at imprisonment for five years, and sentence was pronounced.
It is petitioner’s contention that the indictment in Cause No. 8518 does not charge a felony offense. We agree with petitioner’s contention and set aside the conviction.
The indictment…
2Cases cited3 opinions
- Suarez v. StateCourt of Criminal Appeals of Texas · 1976
- Ex Parte OsbournCourt of Criminal Appeals of Texas · 1978
- Whitaker v. StateCourt of Criminal Appeals of Texas · 1978
3Cited by10 opinions
- Few v. StateCourt of Criminal Appeals of Texas · 1979
- Ellerbee v. StateCourt of Criminal Appeals of Texas · 1982
- Milam v. State, Texas Court of Appeals, 5th District (Dallas)1987
- Tovar v. StateCourt of Criminal Appeals of Texas · 1981
- Whetstone v. StateCourt of Appeals of Texas · 1987
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