Court of Appeals of Texas May 2, 1985, A14-83-658CR (Stewart v. State)

J. CURTISS BROWN, Chief Justice,

dissenting.

I respectfully dissent to the majority’s opinion.

Appellant was charged and convicted of delivery of a controlled substance, by offer to sell, to wit: heroin, pursuant to the Controlled Substances Act, TEX.REV.CIV. STAT.ANN. art. 4476-15, § 1.02(8) and § 4.03(a) (Vernon 1976 and Supp.1984). Section 4.