Manson v. State, 29808
| Decision Date | 04 June 1958 |
| Docket Number | No. 29808,29808 |
| Citation | 166 Tex.Crim. 514,316 S.W.2d 414 |
| Parties | Dorothy Ruth MANSON, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
C. C. Divine, Houston, for appellant.
Dan Walton, Dist. Atty., Thomas D. White and Frank Briscoe, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is for the unlawful possession of paraphernalia adapted for the use of narcotic drugs, in violation of Art. 725b, sec. 2(c), Vernon's Ann.P.C.; the punishment, five years confinement in the penitentiary.
The State's testimony shows that the appellant was arrested at a Henke-Pillot Store in the City of Houston after she and her companion were seen taking radios from a counter without paying for same. A subsequent search of her person by a matron at the police station revealed a small paper bag underneath her clothing which contained an eye dropper, a hypodermic needle, a bottle cap and a piece of cotton. Tests run upon the articles by Clemist R. F. Crawford showed that the eye dropper, cotton and bottle cap contained a small amount of diacetylmorphine, commonly known as heroin, a narcotic drug. Dr. C. A. Dwyer, upon examining the articles taken from appellant testified that they were adapted for the use of subcutaneous injections. Willie Gibson, appellant's uncle, testified that he had known her since she was a small girl and as far as he knew she was not a doctor, dentist, veterinarian, nurse, pharmacist, dealer in surgical instruments or an attendant or intern of a hospital, sanatorium, or institution in which persons are treated for disability or disease. Alex Myers, appellant's grandfather, testified substantially as did her uncle that as far as he knew appellant was not a member of one of the professions or classes inquired about.
Appellant did not testify or offer any evidence in her behalf.
In charging the offense the indictment alleged that appellant possessed for the purpose of subcutaneous injections of narcotic drugs in a human being an eye dropper, needle and bottle cap adapted for such use and that appellant was not one of the persons excepted from the statute such as physicians, dentists and others and that in possessing the eye dropper, needle and bottle cap for the purpose named appellant was not acting under the direction of a licensed physician. The indictment is drawn in conformity with form 952 of Wilson's Texas Criminal Forms, Sixth Edition, and the allegations are substantially the same as in the indictment in Barnett v. State, Tex.Cr.App., 294 S.W.2d 835 which were held sufficient to charge an offense under Art. 725b, sec. 2(c), supra. If there be any question as to the sufficiency of the allegations negativing the exceptions set out in Art. 725b, sec. 2(c), supra, then Sec. 21 of said Article 725b becomes material, which provides:
'In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provisions of this Act, it...
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