Court of Criminal Appeals of Texas

James E. Daniels, Appellant v. the State of Texas, Appellee

June 1, 19881988 Tex. Crim. App. LEXIS 113

Summary

The Court affirmed the Court of Appeals' reversal of James E. Daniels' conviction, holding that the indictment sufficiently gave notice despite using the term "constructive transfer" and that the jury charge was fundamentally erroneous, and further ordered an acquittal because the evidence was insufficient to prove the elements of delivery. Justice Miller dissented on the first point of error and Justice Campbell concurred only to the result, proposing remand for reconsideration.