Butler v. State

OPINION

ONION, Presiding Judge.

Appellant waived trial by jury and entered a plea of guilty before the court to the offense of unlawful possession of a fire arm by a felon, in violation of V.T.C.A., Penal Code, § 46.05. 1 Punishment was assessed at imprisonment for five (5) years.

The appeal is before us on a single ground of error. In it appellant contends that the indictment is fundamentally defective. The indictment, omitting the formal parts, alleges:

“On or about the 26th day of December, A.D., 1974, Jesse Butler did then and there knowingly and intentionally possess a firearm, to-wit: a…