Finley v. State

OPINION

MORRISON, Judge.

The offense is delivery of marihuana; the punishment, two years.

The indictment, omitting I the formal parts, alleges that appellant on or about October 19, 1973, did “. . . then and there knowingly and intentionally deliver to Oscar Salazar a controlled substance, to-wit: Marihuana . . . ” Consequently, such indictment was drawn under the provisions of Section 4.05, Texas Controlled Substances Act (Article 4476-15, V.A.C.S.). The indictment is fundamentally defective in that it fails to allege the amount of marihuana delivered or that the marihuana was delivered for…