Foster v. State

I concur in the majority’s holding that the appellant’s indictment for the offense of possession of cocaine was and is fundamentally defective, and cannot be used to sustain the judgment of conviction in this cause. Crowl v. State, 611 S.W.2d 59 (Tex.Cr.App.1981).

However, I find I must dissent to the disposition made of appellant’s contention that the evidence was insufficient.

Prior to June 14, 1978, when Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978); and Greene v. Massey, 437 U.S. 19, 98 S.Ct. 2151, 57 L.Ed.2d 15 (1978), were decided and became the Constitutional law…