Brown v. State

WOODLEY, Judge.

The offense is possession of barbiturates; the punishment, two years in jail.

The second count of the information alleged that on or about September 3, 1958, in Dallas County, Texas, appellant “did then and there unlawfully possess barbiturates.”

Motion to quash the information and dismiss the prosecution was filed, alleging that appellant was a manufacturer of drugs duly licensed by the Board of Pharmacy of the State of Texas, and directing attention to Subdivision 6 of Section 5 of Art. 726c V.A.P.C. exempting manufacturers from the provisions of Subdivision E of Section 3 of…