Legal Opinion

McGowan v. State

Court of Criminal Appeals of Texas

Decided January 27, 1960No. 31,376PublishedCited by 2 opinions

1Opinion of the Court

WOODLEY, Judge.

The offense is unlawful possession of a narcotic drug; the punishment, 20 years.

No statement of facts has been filed, and there are no bills of exception.

By brief and oral argument reversal is sought upon the ground that there is fundamental error in the charge of the court.

Trial was on June 2, 1959, upon indictment returned in October 1958, alleging the offense to have been committed on or about October 6, 1958.

The charge correctly stated the offense and the date of its commission as alleged in the indictment.

In applying the law, the jury was authorized to convict upon a…

2Cases cited1 opinion

  1. Clayton v. StateCourt of Criminal Appeals of Texas · 1917

3Cited by2 opinions

  1. Ayers v. StateCourt of Criminal Appeals of Texas · 1980
  2. Thomas v. StateCourt of Appeals of Texas · 1993

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API