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 Texas Court of Criminal Appeals held that the circumstantial evidence was insufficient to support a conviction for possession of marijuana and therefore reversed the judgment, remanding the case. The Court reasoned that the evidence did not exclude reasonable hypotheses of innocence and failed to show the appellant's exclusive control of the marijuana. The decision was accompanied by a dissent arguing that the evidence was sufficient to sustain the conviction and a brief concurrence agreeing with the majority's conclusion.