Gibson v. State (1997)

In Gibson v. State, No. 06-96-00005-CR (Tex. App.--Texarkana Mar. 27, 1997, pet. ref'd), the Court held the evidence was insufficient to show that a jail inmate, whose shirt was found to contain small pieces of metal (which the State alleged were deadly weapons and therefore illegal inside a penal institution), knowingly possessed those metal pieces. The Court reached this conclusion because "Gibson did not have sole possession of the cell, the shirt at issue was not issued exclusively to him, the weapons were not found intermingled with his other possessions, and there was no testimony that he acted in a manner that would indicate a knowledge of guilt." The Court thus concluded that there were no affirmative links between Gibson and the alleged deadly weapons; therefore, the evidence was insufficient to support the trial court's decision to revoke Gibson's community supervision.