Opinion

Puckett v. State

  • 168 Tex. Crim. 615
  • 330 S.W.2d 465
  • 81 A.L.R. 2d 1237
  • 1959 Tex. Crim. App. LEXIS 2672
Court
Court of Criminal Appeals of Texas
Filed
Nov 25, 1959
Status
Published
Author
Woodley
On the bench
Dice, Woodley
Cited by
22 cases
Authority
More cited than 8.0%

“I’m telling you that they are telling the truth” held to be improper argument, requiring reversal

How later courts described this case

  • “I’m telling you that they are telling the truth” held to be improper argument, requiring reversal

Written by the judges who cited it.

The opinion

WOODLEY, Judge,

(dissenting).

I find no error in the remarks of counsel for the state which are made the basis for the reversal of this conviction.

It is unthinkable that any attorney would ask a jury to convict upon the testimony of an officer or other witness unless he believed such witness’ testimony was true. In fact, if the testimony was false and the prosecuting attorney had knowledge of such facts, the conviction would be totally void. Alcorta v. Texas, 355 U.S. 28 , 2 L.Ed. 2d 9 .

There is nothing in the argument to suggest that counsel was testifying to the credibility of the police officers or that the remarks were otherwise improper.

I quote from my dissent in Hickerson v. State, 162 Texas Cr. Rep. 446 , 286 S.W. 2d 437 , 439: “Surely my brethren do not intend to hold that a prosecuting attorney is precluded from getting before the jury his belief that the witnesses for the State have testified truthfully and the defense testimony to the contrary is not true!”

I respectfully dissent.

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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