Stewart v. State

Without any consideration of the opinion of the Houston [14th] Court of Appeals and the reason for its decision, the majority finds:

“The offense is complete when, by words or deed, a person offers to sell what he states is a controlled substance. Therefore, the fact that the substance is later found not to be a controlled substance does not render the evidence insufficient to prove the offense of delivery by offer to sell a controlled substance. The element of controlled substance is proved by appellant’s statement offering to sell heroin.”1

That analysis is wrong. It dispenses with requisite…