Court of Criminal Appeals of Texas

Craig Alan Cude, Appellant v. the State of Texas, Appellee

March 5, 19861986 Tex. Crim. App. LEXIS 1203

Summary

The Court of Criminal Appeals reversed Craig Alan Cude's conviction for possession of Oxymorphone, finding the State failed to prove he exercised control over the premises where the drug was found. The Court held that mere presence as a guest does not satisfy the possession element and remanded with instructions to enter an acquittal.