"[S]ince the only evidence of record indicating that the unborn child possessed the drug taken by his mother is its presence in his body when born, and that is not evidence of possession as a matter of law, the State failed to satisfy its burden. In short, it did not present some evidence upon which a rational factfinder could conclude beyond reasonable doubt that an actual transfer of possession from appellant to the child occurred as contemplated by �481.122(a)(1)."
April 17, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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