Court of Criminal Appeals of Texas

David J. Pollan, Jr., Appellant v. the State of Texas, Appellee

March 11, 19811981 Tex. Crim. App. LEXIS 916

Summary

The Court affirmed the conviction for possession of more than four ounces of marijuana, finding the evidence established the appellant’s knowledge and control over the contraband, that the indictment was proper, and that the claim of ineffective assistance of counsel was unsupported. The Court held that exclusive possession is not required and that the statute does not require the indictment to allege unlawfulness. Judge Teague dissented, arguing the evidence was insufficient and that the majority created an improper exception to the joint possession rule.