Court of Criminal Appeals of Texas, 1958

Hughes v. State

Hughes v. State
Court of Criminal Appeals of Texas · Decided October 22, 1958 · Morrison
317 S.W.2d 55; 1958 Tex. Crim. App. LEXIS 4829 (South Western Reporter, Second Series)

Hughes v. State

Opinion of the Court

MORRISON, Presiding Judge.

The offense is the possession of amphetamine ; the punishment, a fine of. $500.

The State, through her district attorney, confesses error, and we agree. Subsequent to the instant prosecution, this Court in Harrell v. State, Tex.Cr.App., 314 S.W.2d 590, held that Section 8 of Article 726c. *56Vernon’s Ann.P.C., insofar as it attempts to make unlawful the possession and delivery of amphetamine is void because of indefiniteness and uncertainty.

The judgment is reversed and the prosecution is ordered dismissed.

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