Fifty-Six Thousand Seven Hundred Dollars in U.S. Currency v. State

In Fifty-Six Thousand Seven Hundred Dollars in U.S. Currency v. State, 730 S.W.2d 659 (Tex. 1987), the Texas Supreme Court held that " when circumstances are consistent with either of two facts and nothing shows that one is more probable than the other, neither fact can be inferred." In that case, police discovered the money in the defendant's home, along with less than an ounce of cocaine, slightly more than an ounce of marihuana, and an array of drug paraphernalia, such as powder form Vitamin B, scales, numerous vials, and two white "diamond folds" of paper with cocaine residue. Id. at 661. To explain the presence of the cash, the defendant provided evidence of large amounts of cash deliveries to his home in association with his business. Id. at 662. The Texas Supreme Court found the State's evidence legally insufficient. Id.