Bailey v. State (1976)

In Bailey v. State, 543 S.W.2d 653 (Tex. Crim. App. 1976), the defendant was charged with possession of lysergic acid diethylamide (LSD), which at that time constituted a second-degree felony regardless of the amount of LSD possessed. Id. at 655. In response to the defendant's complaint that his indictment failed to list the penalty group that LSD fell under, the court of criminal appeals held that, because "there was but one grade and one punishment for possessing that controlled substance," the district court had jurisdiction over the felony crime and "the failure of the indictment to specify the penalty group was not a defect in this case." Id.