Ellerbee v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for possession of tetrahydrocannabinol. Art. 4476-15, Sec. 4.02(c)(Q), V.A.C.S. After the jury found appellant guilty, the court assessed punishment at 5 years.

By way of a supplemental brief, appellant challenges the indictment in this cause for the first time on appeal. He maintains that the indictment is fundamentally defective for failing to allege all of the elements of the offense. The indictment in this cause alleges in pertinent part that on February 5, 1978, appellant did:

“knowingly and intentionally possess a controlled…