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317 S.W.2d 55

Hughes v. State

Court of Criminal Appeals of Texas

Decided October 22, 1958

Court of Criminal Appeals of Texas · decided 1958-10-22

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

Decided 1958-10-22

MORRISON, Presiding Judge.

¶1The offense is the possession of amphetamine ; the punishment, a fine of. $500.

¶2The 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.

¶3The judgment is reversed and the prosecution is ordered dismissed.

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