# Martinez v. State

> Court of Criminal Appeals of Texas · February 17, 1965 · 387 S.W.2d 673

URL: https://www.frixlaw.com/law-library/cases/5029273

## Case

- **Full name:** Ismael MARTINEZ v. The STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** February 17, 1965
- **Citations:** 387 S.W.2d 673
- **Precedential status:** Published
- **Opinion:** Concurrence by Morrison
- **Judges:** Woodley, Morrison
- **Cited by:** 3 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/5029273

## Opinion text

MORRISON, Judge
(concurring).
The rule as summarized in 5 Tex.Jur.2d, Sec. 446, p. 708, is as follows: “* * * nor will a judgment be reversed because of the admission of testimony of officers respecting facts obtained on an illegal search where the same facts are testified to by other witnesses or by the accused himself.” I concur in the reversal of this conviction, but do so on the assumption that the phrase “other proper testimony” as used in the majority opinion is synonymous to the rule set forth above.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5029273. Public record. Not legal advice.