(DOWNLOAD) "Lupe Galvan v. State Texas" by Court of Criminal Appeals of Texas # eBook PDF Kindle ePub Free

eBook details

Title: Lupe Galvan v. State Texas
Author : Court of Criminal Appeals of Texas
Release Date : January 21, 1980
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

On original submission a panel opinion reversed this judgment of conviction for the offense of possession of more than four ounces of marihuana because the trial court deleted the words "and no other person" from a timely requested charge on circumstantial evidence. The panel opinion pointed out that, under the States theory of the case, the only way it could discharge its burden of establishing the guilt of appellant was by showing that he, and no other person, had possession of the marihuana. In its brief the State did not particularize any theory of party responsibility under V.T.C.A. Penal Code, ?? 7.01 and 7.02 and only obliquely suggested the charge was properly worded under "the evidence admitted," without pointing out under its counterpoint just what or where it is. Consequently, reasoned the panel opinion, the omission of the words "and no other person" from the charge significantly affected appellants rights and constituted reversible error.