Kolbert v. State

OPINION

DOUGLAS, Judge.

The conviction was for the possession of opium. The court assessed punishment at fifteen years.

Kolbert, on appeal, argues that the indictment is fundamentally defective because it cannot be ascertained whether a felony or misdemeanor is charged.

The indictment alleges that Kolbert did “. . knowingly and intentionally possess a controlled substance, namely, opium.”

The Controlled Substances Act, Article 4476-15, Section 4.02, V.A.C.S., sets out various penalty groups and the drugs assigned to each. Opium and its extracts, including tincture of opium, are assigned to Penalty…