Dowling v. State

CONCURRING OPINION ON REHEARING ON COURT’S OWN MOTION ON APPELLANTS PETITION FOR DISCRETIONARY REVIEW

[Filed June 29, 1994]

The indictment in this cause alleged in each of three counts that appellant did “intentionally and knowingly manufacture and possess with intent to manufacture and deliver [stated amount] of a controlled substance, to-wit: Amphetamine.”1 The trial court authorized the jury to convict if it found that appellant did “intentionally or knowingly manufacture a controlled substance, to-wit: Amphetamine, by aggregate weight, including any adulterant or dilutants, of more than 100…