Cooper v. State (1983)

In Cooper v. State, 648 S.W.2d 315, 316 (Tex. Crim. App. 1983), an officer discovered a baggie containing loose marijuana and cigarettes, and the officer testified that he assumed the cigarettes contained marijuana because they were in the same container. Id. In finding that the officer's testimony was insufficient, the Court noted that there was no evidence in the record that the loose marijuana was a usable quantity, and the prosecution was relying on the cigarettes to establish the element of a usable quantity of marijuana. Id.