Opinion

Katz v. State

  • 122 Tex. Crim. 231
  • 54 S.W.2d 130
  • 1932 Tex. Crim. App. LEXIS 697
Court
Court of Criminal Appeals of Texas
Filed
Oct 19, 1932
Status
Published
Author
Hawkins
On the bench
Christian, Hawkins
Cited by
13 cases

approving the opinion of the Commission of Appeals

How later courts described this case

  • approving the opinion of the Commission of Appeals

Written by the judges who cited it.

The opinion

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In a motion for rehearing by the state we understand no serious question is raised regarding the disposition of the case upon the grounds stated in our original ■opinion, but the state suggests that, in view of probable future legislation on that subject, an expression of the opinion of this court on other phases of the case might be desirable. If there should be other legislation upon the subject involved, it is impossible for this court to know in what form it might appear. The propriety of expressing an opinion upon matters not necessary to the disposition of a case is open to serious criticism, as being dicta only, and of little, if any, weight. For the reasons stated we refrain from responding to the state’s suggestion.

The motion for rehearing is overruled.

Overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.