Rasmussen v. State

OPINION ON STATE’S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

Appeal is from conviction for delivery of marihuana. Upon original submission the panel reversed and remanded because the jury charge failed to apply the law of parties to the facts as timely requested by appellant.1

In its motion for rehearing the State asserts that “appellant was a primary actor in the commission of this offense and no charge on the law of parties was required.” This contention is based upon the premise that appellant “constructively delivered” marihuana.

Art. 4476-15, Sec. 1.02(8), V.A.C.S., provides:

“ ‘Deliver’ or…