Finklea v. State

OPINION

DALLY, COMMISSIONER.

The conviction was for the possession of marihuana; the punishment, assessed by a jury, life imprisonment.

The appellant’s first ground of error is that “the words ‘Against the peace and dignity of the State’ have been stricken and dismissed from the indictment” rendering the indictment “void because it fails to comply with Article Five, Section 12 of the Constitution of the State of Texas, and Article 21.02, V.A.P.C.”

The appellant was indicted under the provisions of Article 63, V.A.P.C. Two prior non-capital felony convictions were alleged in the second and third…