Court of Criminal Appeals of Texas

Mathew Culmore, Appellant v. the State of Texas, Appellee

November 19, 19691969 Tex. Crim. App. LEXIS 892

Summary

The Court of Criminal Appeals reversed Mathew Culmore's conviction for possession of marijuana, holding that the circumstantial evidence—primarily odor and a packet of cigarette papers—was insufficient to prove his exclusive possession beyond a reasonable doubt. The decision was joined by a concurring judge and opposed by a dissenting judge who argued the evidence did support the verdict.