Clark v. State

OPINION

DOUGLAS, Judge.

Andrew Garrison Clark appeals from his conviction for obtaining a controlled substance by use of a forged prescription. Vernon’s Annotated Civil Statutes, Article 4476-15, Section 4.09(a)(3). Punishment was assessed by the court at five years. The sufficiency of the evidence is not challenged.

Clark contends the indictment is insufficient. He argues that obtaining a controlled substance by use of a forged prescription can only be prosecuted under the general forgery statute, that the indictment must allege specifically how the controlled substance was obtained by fraud…