Daniels v. State

EARL W. SMITH, Justice.

James E. Daniels was found guilty by a jury of the offense of constructive delivery of more than one-fourth ounce of marijuana. Texas Controlled Substances Act, Tex. Rev.Civ.Stat.Ann. art. 4476-15, § 4.05(d) & (e) (1976). Punishment was assessed by the court at confinement in the Texas Department of Corrections for five years.

Daniels contends that the court erred in overruling his motion to quash the indictment in that it does not give adequate notice of the acts constituting the offense charged; he argues, also, that the trial court committed fundamental error in the…