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HENLEY v. STATE

No. 37034.

387 S.W.2d 877 (1964)

Fredrick Joseph HENLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing January 27, 1965.

Second Motion for Rehearing Denied and Dissenting Opinion Filed March 17, 1965.

Attorney(s) appearing for the Case

Baldwin & Goodwin, by Joe B. Goodwin, Johns, Willard & Hannah, Beaumont, for appellant.

W. C. Lindsey, Dist. Atty., John R. DeWitt, Asst. Dist. Atty., Beaumont, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Judge.

Our prior opinions are withdrawn and the following is substituted.

The conviction is for the unlawful sale of a narcotic drug; the punishment, five years in the penitentiary.

The indictment charged that on or about the 12th day of September, 1962, the appellant "* * * did * * * unlawfully sell to Mary Trahan, a narcotic drug, to-wit: Paregoric, in an unlawful amount."

By motion to quash and exception to the indictment, appellant...

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