Gomez v. State

WOODLEY, Judge.

Upon an indictment charging the possession of marihuana, a narcotic drug, and alleging a prior conviction “of the less than capital offense of sale of a narcotic drug, an offense of like character and of the same nature as that hereinbefore charged against him in this cause,” appellant was found guilty by the jury and assessed a term of 20 years in the penitentiary.

Appellant urges that the indictment is not sufficient to charge a second offense under the Uniform Narcotics Drug Act. (Art. *31725b V.A.P.C.) and to support the enhanced punishment provided in Sec. 23 of said act as…