Daniels v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was found guilty by a jury of the offense of unlawful delivery of marihuana. The trial court assessed the punishment at five years’ imprisonment. The conviction was based on a violation of the Texas Controlled Substances Act, Article 4476-15, § 4.05(a) and (b)(3), V.A.C.S. (as amended in 1981).1

On appeal, inter alia, the appellant contended the trial court erred in overruling his motion to quash the indictment because the term “constructive transfer” was an ambiguous term that did not give notice of the acts…