Brady v. State

In Brady v. State, 771 S.W.2d 734 (Tex. App.--Fort Worth 1989, no pet.), the police searched a home belonging to the defendant and her husband and found .71 ounces of marijuana under their bed and 2.15 pounds of marijuana growing in a greenhouse behind the house. Id. at 735. The defendant's husband testified that the marijuana was his, that she was ignorant of the marijuana under the bed and growing in the greenhouse, and that on occasion, she would destroy the marijuana plants she found. The defendant testified she had no knowledge or control of the marijuana found in the house and did not approve of her husband's use of marijuana. Five other witnesses testified the defendant did not use marijuana. Id. The Fort Worth court reversed and acquitted the defendant because (1) the State's circumstantial evidence failed to exclude every reasonable hypothesis other than the guilt of the defendant, and (2) the evidence failed to show the defendant's reasonable explanation--that she did not aid her husband in acquiring marijuana and did not approve of her husband's use and possession of marijuana--was false. Id. at 735-38.