Browning v. State

ON SECOND MOTION FOR REHEARING

WOODLEY, Judge.

It is again insisted that under the rule stated and applied in Anderson v. State, 132 Texas Cr. Rep. 37, 105 S.W. 2d 258; Baker v. State, 132 Texas Cr. Rep. 527, 106 S.W. 2d 308; Rice v. State, 37 Texas Cr. Rep. 36, 38 S.W. 801; and U.S. v. Cook, 21 L. Ed. 538, the information is fatally defective in failing to negative that the barbiturate was a compound, mixture or preparation such as declared to be without the act in Sec. 4 thereof; and in failing to negative the premise that barbiturate may have been delivered by a pharmacist or practitioner…