# Browning v. State

> Court of Criminal Appeals of Texas · May 19, 1954 · 161 Tex. Crim. 273

URL: https://www.frixlaw.com/law-library/cases/9771648

## Case

- **Full name:** G. E. Browning v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 19, 1954
- **Citations:** 161 Tex. Crim. 273; 276 S.W.2d 522; 1954 Tex. Crim. App. LEXIS 2085
- **Precedential status:** Published
- **Opinion:** On rehearing by Graves
- **Judges:** Belcher, Graves, Woodley
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9771648

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9771648. Public record. Not legal advice.