Saunders v. State

OPINION

ONION, Presiding Judge.

Appellant entered a plea of guilty before the court to the offense of knowingly and intentionally delivering marihuana. Punishment was assessed at three (3) years.

The indictment, omitting the formal parts, alleges that appellant on or about May 24, 1974, “then and there knowingly and intentionally delivered to John Hester marihuana; . . . ” Consequently, such indictment was drawn under the provisions of Sec. 4.05, Texas Controlled Substances Act (Art. 4476-15, Vernon’s Ann.Civ.Stat.). The indictment is fundamentally defective in that it fails to allege the amount…