Coleman v. State

If it were an original question I should be strongly inclined to hold that while the transaction disclosed by the testimony in this case might, under appropriate instructions, support a finding that same constituted a sale, the court was not authorized, as a matter of law, to instruct the jury that it was a sale. I think the rule laid down in the case of Ray v. State, 46 Tex.Crim. Rep.; 79. S.W. Rep. 535, is the correct one and that while such a transaction may cloak and hide the true nature of the contract so that the jury could be authorized to find that the real facts show a sale, that the…