Ex Parte Osbourn

OPINION

ONION, Presiding Judge.

This is a post-conviction proceeding brought under Article 11.07, V.A.C.C.P.

On August 17, 1976 the petitioner was found guilty of delivery of marihuana and his punishment was assessed by the jury at three (3) years’ confinement in the Department of Corrections.

It is petitioner’s contention that the indictment under which he was convicted is fundamentally defective for failure to allege the amount delivered leaving the penalty to be assessed vague and uncertain. 1

We do not agree that the indictment is fundamentally defective, but an examination of the indictment…