# Schwartz v. State

> Court of Criminal Appeals of Texas · February 12, 1941 · 141 Tex. Crim. 456

URL: https://www.frixlaw.com/law-library/cases/3951699

## Case

- **Full name:** Tommie Schwartz v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** February 12, 1941
- **Citations:** 141 Tex. Crim. 456; 149 S.W.2d 96; 1941 Tex. Crim. App. LEXIS 202
- **Precedential status:** Published
- **Opinion:** Addendum by Hawkins
- **Judges:** Christian, Hawkins
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3951699

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3951699. Public record. Not legal advice.