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166 Tex. Crim. 357

Lute v. State

Court of Criminal Appeals of Texas · decided 1958-06-11

Cited by 1 later decisions — most recently April 1997

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1958-06-11

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DAVIDSON, Judge.

¶1This is a conviction for the unlawful possession of a narcotic drug, to-wit, “herion,” with punishment assessed at five years and one day in the penitentiary.

¶2The record is before us without a statement of facts.

¶3In this court, appellant attacks the indictment for the reason that “herion,” as spelled and as set out therein, is not the same as “heroin,” which is named in the narcotic drug act, Art. 725b, Sec. 1, subsection 12, as a derivative of opium, a narcotic drug.

¶4It is apparent that the spelling of the drug in the indictment . is a typographical error.

¶5But it is not necessary to dispose of the question for that reason. The indictment alleged that “Herion” was a narcotic drug, and for aught this record shows that allegation was sustained by the proof.

¶6The judgment is affirmed.

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