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STEWART v. STATE

No. 05-87-00738-CR.

756 S.W.2d 798 (1988)

Michael Wayne STEWART, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied September 8, 1988.

Attorney(s) appearing for the Case

David Cunningham, Bob Wicoff, Houston, for appellant.

Patricia Poppoff Noble, Dallas, for appellee.

Before HOWELL, DEVANY and BAKER, JJ.

BAKER, Justice.

Michael Wayne Stewart appeals his jury conviction of constructive delivery of a controlled substance. He was assessed punishment of five years' confinement and a $1,000.00 fine. He appeals on four points of error, the first of which is that the evidence is insufficient to support the conviction of delivery by constructive transfer. Because we agree that the evidence is insufficient, we reverse the judgment and order a judgment of acquittal entered...

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