Miller v. State

In Miller v. State 537 S.W.2d 725 (Tex. Crim. App. 1976), an undercover police officer met an intermediary at a bowling alley and then drove to the defendant's house. When they arrived, the officer remained in the car while the intermediary went to the defendant's front door and knocked. The defendant answered with a small package of LSD already in hand, which he gave to the intermediary. The intermediary then returned to the car and gave the package to the officer. A jury, which received an instruction on the law of parties, subsequently convicted the defendant of delivery of a controlled substance by actual transfer. The court of appeals affirmed the conviction, as did this Court, implicitly finding that the evidence was sufficient for the jury to have found the defendant guilty of an actual delivery under the law of parties.