Court of Criminal Appeals of Texas
James Frances Naquin, Appellant v. the State of Texas, Appellee
November 19, 19801980 Tex. Crim. App. LEXIS 1456
Summary
The Court reversed the trial court's revocation of appellant's probation, holding that the State failed to meet its burden of proving possession of marijuana by a preponderance of the evidence, and therefore abused its discretion. The decision rests on the requirement that probation revocation must be supported by sufficient evidence of both control and knowledge of the contraband.