Opinion

Schwartz v. State

  • 141 Tex. Crim. 456
  • 149 S.W.2d 96
  • 1941 Tex. Crim. App. LEXIS 202
Court
Court of Criminal Appeals of Texas
Filed
Feb 12, 1941
Status
Published
Author
Hawkins
On the bench
Christian, Hawkins
Cited by
4 cases
Authority
More cited than 1.9%

The opinion

on state’s motion for rehearing.

HAWKINS, Presiding Judge.

In view of the State’s motion for rehearing, we have again examined the evidence of Roger Moore as given on the trial of appellant and also his testimony given on the hearing’ of the motion for new trial. The evidence recanted by Moore is upon the vital issue involved in the case. It would be highly speculative to hold that the verdict of the jury would have been the same had Moore' omitted from his testimony the criminative facts he later claimed to be untrue. In addition to the authorities cited in our original opinon, we refer to the following: Cooper v. State, 106 Texas Cr. R. 118, 290 S. W. 537 ; Wadkins v. State, 102 Texas Cr. R. 292, 277 S. W. 684 ; McConnell v. State, 82 Texas Cr. R. 634, 200 S. W. 842 ; Green v. State, 94 Texas Cr. R. 637, 252 S. W. 499 ; Cottrell v. State, 91 Texas Cr. R. 131, 237 S. W. 928 .

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.

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.