Dickey v. State

In Dickey v. State, 693 S.W.2d 386 (Tex. Crim. App. 1984), a police officer observed the defendant at an uninhabited farm where marijuana was growing. The defendant walked from "plant area to plant area" and had in his hands a plastic bag of "dark green leaves," but never touched a plant. Id. at 388. The court of criminal appeals agreed that the evidence was legally insufficient to support a conviction for possession of the marijuana when the officer's testimony supported an inference that the defendant was harvesting the field, but also supported other inferences. Id. at 389-90.