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

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' reversal of James E. Daniels' conviction for unlawful delivery of marihuana and ordered an acquittal because the evidence was insufficient and the jury charge was fundamentally erroneous. It held that the indictment's use of the term "constructive transfer" provided adequate notice, so the trial court correctly denied the motion to quash. The Court also found the jury instruction allowing conviction on a theory not alleged in the indictment constituted a fundamental error requiring reversal. Justice Miller dissented on the first point of error, while Justice Campbell concurred in the result but would remand for reconsideration consistent with Adams.