How to Prove ''Possession'' In a Texas Court ?
In McGoldrick v. State, 682 S.W.2d 573 (Tex.Crim.App. 1985), the court explicated the State's burden in possession cases.
Quoting from Wilkes v. State, 572 S.W.2d 538 (Tex.Crim.App. 1978), the court wrote:
It has been consistently held in this State that possession means more than just being where the action is: the State must prove two elements:
(1) that the accused exercised care, control, and management over the contraband;
(2) that the accused knew the matter possessed was contraband . . . . Therefore, there must be additional independent facts and circumstances which affirmatively link the accused to the contraband in such a manner that it can be concluded he had knowledge of the contraband as well as control over it . . . .McGoldrick, 682 S.W.2d at 578.
Several subsequent cases have discussed types of affirmative links that may support possession findings. These links were well summarized in Whitworth v. State, 808 S.W.2d 566, 569 (Tex.App.--Austin 1991, pet. ref'd) (listing 14 such links).