Parasco v. State

MORRISON, Presiding Judge.

The offense is possession of heroin; the punishment, 30 yeays.

In view of our disposition of this case, a recitation of the facts will not be necessary other than to observe that the state’s case is devoid of any proof that the appellant knew that the napkin which he caused to slide off the table and onto the floor contained the heroin which was later found wrapped up therein.

The appellant called the other two persons who were seated with him in the booth at the time in question, and they both testified that the appellant had no knowledge of the presence of the heroin…