Opinion

Butler v. State

  • 769 S.W.2d 234
  • 1989 Tex. Crim. App. LEXIS 63
  • 1989 WL 30515
Court
Court of Criminal Appeals of Texas
Filed
Apr 5, 1989
Status
Published
Author
Campbell
On the bench
Miller, Campbell, Clinton, White, McCormick
Cited by
636 cases

Overruled on other grounds by Geesa v. State, 1991 Tex. Crim. App. LEXIS 240 (1991)

concluding that “no evidence” standard for legal-sufficiency review was “expressly forbidden” by United States Supreme Court by Jackson v. Virginia

How later courts described this case

  • concluding that “no evidence” standard for legal-sufficiency review was “expressly forbidden” by United States Supreme Court by Jackson v. Virginia
  • holding that intent to steal was inferable from the fact that defendant entered a cab, executed the driver, and ransacked the pocket of the decedent
  • rejecting language that evidence is sufficient "if there is any evidence which, if believed, shows the guilt of the accused" as inconsistent with Jackson and constitutionally impermissible
  • rejecting language that evidence is sufficient Aif there is any evidence which, if believed, shows the guilt of the accused@ as inconsistent with Jackson and constitutionally impermissable

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Geesa v. State, 1991 Tex. Crim. App. LEXIS 240 (1991)

    769 S.W.2d 234, 239 (Tex.Crim.App.1989) (en banc), overruled on other grounds by Geesa v. State, 820 S.W.2d 154
    Court of Criminal Appeals of TexasNov 6, 199158 citing opinionsother groundsRead it

The opinion

CAMPBELL, Justice,

concurring:

Since neither the appellant nor the State has requested a re-examination of the decision in Combs, I see no reason to overrule it. However, I believe the correct result was reached by the majority, thus I concur in its judgment.

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.

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