Baker v. State

LATTIMORE, Judge.

Conviction for selling a narcotic drug; punishment, five years in the penitentiary.

The Legislature, in defining the term “narcotic drug,” makes it include many drugs specifically named. In other words, by the very terms of the act, which is chapter 97, Acts Regular Session, 42nd Legislature, “narcotic drug” is made a generic term, in which case, under many authorities, it is not enough that one indicted for a violation of the provisions of said act be charged with possession, sale, etc., of narcotic drugs; but such indictment should go further and name the particular drug so…