Shirley Richter Benoit, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas held that the indictments for delivery of codeine and diazepam were fatally defective because they failed to allege the applicable penalty group or statutory basis, reversing those convictions and dismissing the prosecutions, while affirming the revocation of probation and the conviction for delivery of pentazocine. Justice Douglas dissented, arguing that the codeine indictments did allege a felony offense.