# Price v. State

> Court of Criminal Appeals of Texas · June 14, 1961 · 171 Tex. Crim. 248

URL: https://www.frixlaw.com/law-library/cases/4904151

## Case

- **Full name:** Mamie Price v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 14, 1961
- **Citations:** 171 Tex. Crim. 248; 347 S.W.2d 616; 1961 Tex. Crim. App. LEXIS 4416
- **Precedential status:** Published
- **Opinion:** Dissent by Woodley
- **Judges:** Dice, Woodley
- **Cited by:** 2 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/4904151

## Opinion text

WOODLEY, Presiding Judge
(dissenting).
I do not agree that the court’s reference to Agent Harrison as “an authority on the subject” warrants reversal.
The remark was made in ruling upon the objection to any testimony as to anything done or said in appellant’s cafe unless a proper predicate was laid. The objection that the comment vouched for the witness “in the presence of the jury” will not suffice as a certification that the remark was heard by the jury or was in fact made in the jury’s presence.
If there was any harm to appellant in the court’s remark, it was incumbent upon appellant to request an instruction from the court to the jury to disregard it. If appellant considered the harm such as could not be removed by any instruction, he should have moved the court to declare a mistrial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4904151. Public record. Not legal advice.