Rodriguez v. State

McDonald, judge.

The offense is the unlawful possession of a barbiturate; the punishment, confinement in jail for six months.

The evidence reflects that appellant possessed some capsules that were shown to contain a barbiturate.

Appellant testified that he saw two of his nieces at his mother’s house playing with some red pills or capsules; that he carried them away from the house to keep them from the children; that he did not know what was in the capsules; that he had never taken a barbiturate.

Whether the defense was true or not was a question of fact to be decided by the jury. Appellant had…