Opinion

Browning v. State

  • 161 Tex. Crim. 273
  • 276 S.W.2d 522
  • 1954 Tex. Crim. App. LEXIS 2085
Court
Court of Criminal Appeals of Texas
Filed
May 19, 1954
Status
Published
Author
Graves
On the bench
Belcher, Graves, Woodley
Cited by
8 cases

The opinion

ON MOTION FOR REHEARING

GRAVES, Presiding Judge.

*275 Appellant’s motion for rehearing herein still complains of the proposition that the information does not negative the fact that appellant was one of the persons who came under the “unless” clause in Section 3, Paragraph (1) of the original statute passed by the 52nd Legislature, Regular Session, as found on page 759 of the Acts thereof. He still contends that the state’s pleading should have negatived the fact that the appellant was, among other things, a pharmacist operating upon an original prescription, and the many further exceptions that are found therein.

We think the answer to such contention will be found in Section 12 of the original enactment, which is also found in Article 726c, Vernon’s Ann. P.C., said Section 12 being quoted in the original opinion herein. We also think the same is in answer to the appellant’s contention in this motion.

Thus believing, the motion for rehearing will be overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.