Opinion

Apodaca v. State

  • 140 Tex. Crim. 593
  • 146 S.W.2d 381
  • 1940 Tex. Crim. App. LEXIS 704
Court
Court of Criminal Appeals of Texas
Filed
Oct 30, 1940
Status
Published
Author
Hawkins
On the bench
Christian, Hawkins
Cited by
27 cases

collection of urine specimen over defendant’s objection violates Article I, 10, supra

How later courts described this case

  • collection of urine specimen over defendant’s objection violates Article I, 10, supra
  • urine sample, demonstrative acts

Written by the judges who cited it.

The opinion

ON STATE'S MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

The State has filed an able motion for rehearing challenging the correctness of the conclusions announced in our original opinion.

We have re-examined the record in the light of the State’s motion, and are inclined to adhere to the conclusions heretofore announced.

We think the safer policy to be adherence to the construction and application of Section 10, Article 1 of our Constitution already given effect in our long-established precedents.

We are not inclined to enlarge upon accepted exemptions from the application of said provision of the Constitution.

The motion for rehearing is 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.

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