Kidd v. State

Unlawful possession of marijuana; sentence: five years' imprisonment.

The grand jury charged in pertinent part:

"[T]hat before the finding of this indictment, Bill Joe Kidd . . . after having been previously convicted of, to-wit: Unlawful Possession of Marijuana, did unlawfully possess marijuana. . . ." (Emphasis added.)

The appellant filed an amended motion to quash the indictment, which was denied, contending that the indictment improperly sets out a prior separate offense, i.e. a prior conviction for possession of marijuana.

We find that the trial court was not in error in denying the motion…