McHenry v. State

Although I join the Court’s judgment dismissing this cause, I write separately to explain that otherwise, in my view, the Court would be reaching appellant’s first ground for review unnecessarily, and his second, unadvisedly.

I

A

This is the second time we have reviewed this cause. On original submission in the court of appeals, appellant contended the evidence was insufficient to show he personally committed the overt act of examining the contraband, pursuant to the offense of conspiracy to possess cocaine. The indictment had alleged appellant himself “examined” the cocaine. The State attempted…