Legal Opinion
Ex Parte Kirby
Court of Criminal Appeals of Texas
Decided November 10, 1981No. 68834PublishedCited by 19 opinions
1Opinion of the Court
OPINION
ODOM, Judge.
This is an application for writ of habeas corpus filed following a conviction for delivery of marihuana in cause 3803 in Criminal District Court No. 1 of Tarrant County.
Petitioner bases his application on the contention that the indictment in his case is fundamentally defective in that it failed to allege the required culpable mental state for delivery of marihuana. Initially, the State responded by conceding the defect and urging that relief be granted. The trial court ruled in its findings of fact that the indictment omitted any allegation of intent or knowledge and also…
2Cases cited6 opinions
- Garcia v. DialCourt of Criminal Appeals of Texas · 1980
- American Plant Food Corporation v. StateCourt of Criminal Appeals of Texas · 1974
- Ex Parte CannonCourt of Criminal Appeals of Texas · 1976
- Goss v. StateCourt of Criminal Appeals of Texas · 1979
- Tew v. StateCourt of Criminal Appeals of Texas · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ex Parte DrakeCourt of Criminal Appeals of Texas · 1994
- Ex Parte SchuesslerCourt of Criminal Appeals of Texas · 1993
- Jackie Vance Lowery v. W.J. Estelle, Jr., Director Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1983
- Wood v. StateCourt of Criminal Appeals of Texas · 1982
- Murk v. State, Texas Court of Appeals, 5th District (Dallas)1989
14 more not listed; retrieve them via the Exa API.