Legal Opinion · Dissent

Floyd Blackburn v. State

Texas Court of Appeals, 10th District (Waco)

Decided June 13, 1991No. 10-90-00135-CRPublished

1DissentThomas, Chief Justice

To convict Appellant of the possession of amphetamine, the State had to prove beyond a reasonable doubt that he exercised care, custody, control or management over the drug and that he knew it was contraband. See Humason v. State, 728 S.W.2d 363, 365 (Tex.Crim.App.1987). The majority finds harmful error from the introduction into evidence of a photograph, seized from Appellant’s residence at his arrest, which depicts drug use by an unidentified woman. “Coke” spoons and drugs were also seized during his arrest. Clearly, the prosecution is entitled to introduce into evidence any drugs, drug…

2Cases cited11 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Harris v. StateCourt of Criminal Appeals of Texas · 1989
  3. Mann v. StateCourt of Criminal Appeals of Texas · 1986
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1976
  5. Downey v. StateCourt of Criminal Appeals of Texas · 1974

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