# McAllister v. State

> Court of Criminal Appeals of Texas · June 10, 1953 · 159 Tex. Crim. 57

URL: https://www.frixlaw.com/law-library/cases/9643584

## Case

- **Full name:** Milton McAllister v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 10, 1953
- **Citations:** 159 Tex. Crim. 57; 261 S.W.2d 332; 1953 Tex. Crim. App. LEXIS 1772
- **Precedential status:** Published
- **Opinion:** On rehearing by Belcher
- **Judges:** Graves, Belcher
- **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/9643584

## Opinion text

ON APPELLANT’S MOTION FOR REHEARING.
BELCHER, Judge.
Appellant again urges error in that the blood specimen taken from him was not identified as being the same blood analyzed by the chemist, whose findings therefrom were introduced in evidence.
*61 In addition to that set forth in our original opinion, we observe that Officer Henry testified that he marked and tagged the tube containing the blood specimen, before it was mailed to Austin. Some credence then should be given his testimony when he was handed a tube on the trial and said that it was the one containing the sample of blood taken from the appellant.
Appellant’s motion for rehearing is overruled.
Opinion approved by the Court.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9643584. Public record. Not legal advice.