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MELTON v. STATE

No. 2052-02.

120 S.W.3d 339 (2003)

Harlan Gene MELTON, Jr., Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

October 15, 2003.

Attorney(s) appearing for the Case

Gary Taylor, Austin, for Appellant.

Michael Scot Taliaferro, Asst. DA, Matthjew Paul, State's Atty., Austin, for State.

OPINION

HERVEY, J., delivered the opinion of the Court in which MEYERS, PRICE, WOMACK, JOHNSON, KEASLER, HOLCOMB and Cochran, JJ., joined.

We must determine whether the State has to test each and every rock of suspected crack cocaine in order for the evidence to be legally sufficient to support a conviction for possession of the alleged amount. Further, we must decide under what circumstances testing a...

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