Henley v. State

McDonald, judge.

Our prior opinions are withdrawn and the following is substituted.

The conviction is for the unlawful sale of a narcotic drug; the punishment, five years in the penitentiary.

The indictment charged that on or about the 12th day of September, 1962, the appellant “ * * * did * * * unlawfully sell to Mary Trahan, a narcotic drug, to-wit: Paregoric, in an unlawful amount.”

By motion to quash and exception to the indictment, appellant alleged that the indictment failed to charge an offense because (1) paregoric was not included within the definition of a narcotic drug as defined in…