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EX PARTE KIRBY

No. 68834.

626 S.W.2d 533 (1981)

Ex parte Laverne Ray KIRBY.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied December 23, 1981.

Attorney(s) appearing for the Case

Tim Curry, Dist. Atty., and C. Chris Marshall, Asst. Dist. Atty., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

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...

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