Boone v. State

OPINION

BELCHER, Judge.

The offense is the unlawful possession of a dangerous drug, to-wit, Obedrin, 1 committed subsequent to a final conviction for the illegal possession of dangerous drugs; the punishment, five years in the Department of Corrections. (Art. 726d, Sec. 15(a), Vernon’s Ann.P.C.)

It is contended that there is a fatal variance between the pleadings and the proof in that the indictment alleges the prior conviction was based upon a complaint and information whereas the evidence shows that the conviction was based upon an indictment.

The primary offense charged in the indictment is…