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Rodriguez v. State
Texas Court of Criminal Appeals
372 S.W.2d 541 (1963)
- Written by Liz Nakamura, JD
Facts
While Albert Rodriguez (defendant) was at his mother’s home, Rodriguez saw his young nieces playing with red capsules and confiscated the capsules. Rodriguez took the capsules home with him to prevent the children from gaining access to the capsules again. Rodriguez was arrested for unlawful possession of a barbiturate, a type of depressive or sedative drug. At trial, Rodriguez sought to raise as a defense the fact that he did not know that the red capsules were barbiturates. The trial court refused to affirmatively instruct the jury that Rodriguez must be acquitted if the jury found he did not knowingly possess barbiturates. Rodriguez was convicted. Rodriguez appealed.
Rule of Law
Issue
Holding and Reasoning (McDonald, J.)
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