Jones v. State

OPINION

DUNN, Justice.

The appellant was convicted by a jury of two violations of the Texas Controlled Substances Act, Tex.Rev.Civ.Stat.Ann. art. 4476-15 (Vernon 1976). 1 The court assessed punishment at seven years probated and a $500 fine in each count.

The appellant, while employed as a registered licensed pharmacist, sold large amounts of controlled substances at excessive prices to an undercover investigator for the Texas State Board of Pharmacy, in violation of sections 4.08 and 3.08(e) of the Act. The indictment alleged that he “while a practitioner, namely a Pharmacist, did intentionally…