Greer v. State, 28192
| Decision Date | 27 June 1956 |
| Docket Number | No. 28192,28192 |
| Citation | 163 Tex.Crim. 377,292 S.W.2d 122 |
| Parties | Elizabeth GREER, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Howze & Howze, by John Howze, Monahans, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
Our original opinion is withdrawn and the following is substituted therefor.
The conviction is for the possession of heroin, a narcotic drug; the punishment, five years in the penitentiary.
The testimony of two police officers shows that the appellant had in her possession a small bottle cap in which was a small piece of wet cotton.
The chemist testified that he extracted the contents of the bottle top with hot water and evaporated that to dryness and ran tests on the residue which indicated that the material extracted from the cotton was heroin.
We do not construe the Uniform Narcotics Act as authorizing a conviction for possessing a small...
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Thomas v. US
...of a usable amount requirement); People v. Leal, 64 Cal.2d 504, 50 Cal.Rptr. 777, 413 P.2d 665 (1966) (en banc); Greer v. State, 163 Tex.Crim. 377, 292 S.W.2d 122 (1956). Only Wisconsin held otherwise. See State v. Dodd, 28 Wis.2d 643, 137 N.W.2d 465 (1965). At the time these cases were dec......
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...common use, People v. Leal (1966), 64 Cal.2d 504, 50 Cal.Rptr. 777, 413 P.2d 665. Texas has adopted a similar rule, Greer v. State (1956), 163 Tex.Cr.R. 377, 292 S.W.2d 122. The majority of the states that have passed on the question have held that the quantity possessed is immaterial. Stat......
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...226, 228-29, 298 S.W.2d 171 (1957) (unusable amount of marihuana not within meaning of possession statute); Greer v. Texas, 163 Tex.Crim. 377, 378, 292 S.W.2d 122 (1956) (trace amount of heroin on cotton in We note that, notwithstanding the above cases, it is the majority view that any amou......