Floyd Blackburn v. State

Blackburn v. State

NO. 10-90-135-CR

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

FLOYD BLACKBURN,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From 54th Judicial District Court

McLennan County, Texas

Trial Court # 90-147-C

DISSENTING OPINION

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…