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Rabb v. State

Tex. App. Dist. 7

October 3, 2012

The appellant challenges his conviction of allegedly tampering with physical evidence. The evidence shows the appellant placed a baggie in his mouth and swallowed it. The state's evidence does not show that the baggie or pills are unidentifiable or no longer recognizable, useless or ruined. No rational trier of fact could have found appellant destroyed the baggie or its contents. The trial court's judgment is reversed and a judgment of acquittal is rendered. Amarillo Court of Appeals, No. 07-11-00078-CR, 09-28-2012.

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