Does the case have to be dismissed?

PHARR

Lost pot may have been burned

Police say 59 pounds of marijuana disappeared from an evidence room and may have been inadvertently burned, forcing prosecutors to drop charges against three Houston men.

Defendants Josue Macias, 24, Jerry Sanchez, 21, and Abel Vela, 22, were awaiting trial on possession charges when Vela's lawyer asked to have the marijuana brought into the courtroom.

Obviously the prosecution has to fade the heat when there is no dope to display or for the defense to test.

However, I have done many "trace" cases when there was nothing for the defense to test and there was nothing for a judge or jury to look at after testing by the DPS lab. I did not dismiss those cases.

If they can produce evidence it wasn't marihuana or that there was an intentional destruction of exculpatory evidence, then the issue joins ...