noting that motive is not an element of a crime
How later courts described this case
- noting that motive is not an element of a crime
- On Motion for Rehearing overruled without written opinion on April 29, 1981, McCormick, J. dissent joined by Dally, J.
- On Motion for Rehearing overruled without written opinion on 4/29/81, McCormick, J. dissent joined by Dally, J.
Written by the judges who cited it.
The opinion
DISSENTING OPINION TO DENIAL OF STATE’S MOTION FOR REHEARING WITHOUT WRITTEN OPINION
McCORMICK, Judge.
For the reasons set forth in my dissenting opinion in Pierson v. State, 614 S.W.2d 102 (1981), I dissent to the action of the majority in reversing and remanding a judgment of guilt that is admittedly free of error. Pursuant to the motion filed by the State, the judgment in this cause should be reformed to reflect a punishment of life imprisonment.
DALLY, J., joins.