Cunningham v. State

I concur in the majority’s disposition of the first three issues raised by appellant but cannot agree that the evidence in this case was insufficient to permit the jury to conclude that a completed sale had taken place simply because appellant was arrested immediately prior to his physically handing money to the officers. The sale with which appellant was charged took place at the point in time when officers delivered the marijuana to appellant, and appellant agreed to pay for the marijuana. While I agree that a contract for sale is not the same as a sale, once the officers delivered the…