Conaway v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

David Floyd Conaway, hereinafter appellant, was charged by indictment with delivering a controlled substance, to-wit: marihuana, to Danny Green, a Department of Public Safety undercover narcotics officer. It was alleged in pertinent part that the *693appellant “did then and there knowingly and intentionally deliver to DANNY GREEN, by actual transfer, more than one-fourth ounce of Marihuana.” (Our emphasis.) The jury found appellant guilty and also assessed his punishment at seven years’ confinement in the Department of…