Court of Criminal Appeals of Texas

John Joseph, Appellant v. the State of Texas, Appellee

April 19, 19951995 Tex. Crim. App. LEXIS 46

Summary

The Court held that visibility of a controlled substance to the naked eye is not an element of possession and affirmed the conviction, reversing the Court of Appeals. The decision was joined by concurring opinions and a dissent that argued the Court should have remanded for appellate review of sufficiency.