Baty v. State

BAKER, Justice.

Appellant, Floyd Wayne Baty, was convicted of intentionally and knowingly possessing more than 28 grams and less than 400 grams of a controlled substance (amphetamines). See TEX.REV.CIV.STAT. ANN. art. 4476-15, §§ 4.041(a), 4.02(c)(3) (Vernon Supp.1987). The jury assessed punishment at 40 years’ confinement and a $10,000 fine. Appellant asserts thirteen points of error on appeal, the first of which is that the evidence was insufficient to sustain the conviction. We agree and re verse the trial court’s judgment and render a judgment of acquittal.

When a defendant is charged with…