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167 Tex. Crim. 62

318 S.W.2d 75

Watts v. State

Court of Criminal Appeals of Texas

Decided November 26, 1958

Court of Criminal Appeals of Texas · decided 1958-11-26

Relies on 166 Tex. Crim. 384 - Harrell v. State

Decided 1958-11-26

BELCHER, Judge.

¶1The conviction is for the possession of amphetamine; the punishment, 100 days in jail.

¶2In the disposition of an appeal from a conviction for the possession of amphetamine in Harrell v. State, 166 Texas Cr. Rep. 384, 314 S.W. 2d 590, we said:

“We conclude that Art. 726c, Section 8, Y.A.P.C., insofar as it attempts to make the possession and delivery of amphetamine and desoxyephedrine and compounds thereof unlawful is void for indefiniteness and uncertainty.”

¶3The disposition in the Harrell case is here applicable and controlling.

¶4*63The judgment is reversed and the prosecution ordered dismissed.

¶5Opinion is approved by the Court.

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