Court of Criminal Appeals of Texas

Joel Dean Pelham v. State

February 6, 1957164 Tex. Crim. 226

Summary

The Court of Criminal Appeals reversed Joel Dean Pelham's conviction for unlawful possession of marijuana, holding that infinitesimal particles detected only by a microscope do not satisfy the statutory requirement of possessing an amount sufficient for the drug's common use. The dissent argued the evidence was sufficient and would have affirmed the conviction.