Legal Opinion · Dissent

Boykin v. State

Court of Criminal Appeals of Texas

Decided October 9, 1991No. 1539-89Published

1DissentMcCORMICK, Presiding Judge

The majority’s guidelines for interpreting statutes are articulate and precise; how*787ever, the application of these guidelines to Article 4476-15b is clearly misguided. Because the majority’s “plain reading” of the statute leads to the absurd result that only drug dealers with the ability to call controlled substances by their statutory scientific terms can commit an offense under Section 2(a)(1) (hereafter “Subsection 1”), I dissent.

The Legislature provides two different methods in this statute for a person to represent that a delivered substance is a controlled substance.1 Subsection 1…

2Cases cited29 opinions

  1. United States v. Louis C. Andrus, George E. Collett, William J. Lutson, Billy Ray Whittington, and Larry Thomas WhittingtonCourt of Appeals for the Seventh Circuit · 1985
  2. United States v. Donald SchrockCourt of Appeals for the Sixth Circuit · 1988
  3. Culmore v. StateCourt of Criminal Appeals of Texas · 1969
  4. United States v. Rogelio QuintanaCourt of Appeals for the Seventh Circuit · 1975
  5. United States v. SawyerCourt of Appeals for the Third Circuit · 1954

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