Shults v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for the possession of heroin; punishment is imprisonment for five years, probated.

Appellant’s only contention is that the evidence is insufficient to sustain the conviction because appellant possessed only a “trace” of heroin. We agree and reverse the judgment.

Appellant had gone to the Cameron County Jail on June 17, 1976, to visit an inmate. A search of appellant by a matron revealed a balloon in the back of appellant’s mouth. Subsequent chemical analysis showed that the balloon contained a small amount of marihuana and a trace of…