# Tomlin v. State

> Court of Criminal Appeals of Texas · March 23, 1960 · 170 Tex. Crim. 108

URL: https://www.frixlaw.com/law-library/cases/9675140

## Case

- **Full name:** Earl Gene Tomlin v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 23, 1960
- **Citations:** 170 Tex. Crim. 108; 338 S.W.2d 735; 1960 Tex. Crim. App. LEXIS 2099
- **Precedential status:** Published
- **Opinion:** Dissent by Davidson
- **Judges:** Woodley, Davidson
- **Cited by:** 39 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/9675140

## Opinion text

DAVIDSON, Judge,
(dissenting).
*113 Appellant’s motion for rehearing is overruled without written opinion by a majority of this court.
I am convinced that appellant was deprived of his constitutional right under Art. 1, Sec. 10, of the Constitution of this state, to be confronted by the witnesses against him and that the proof of prior convictions by hearsay testimony violated that constitutional guarantee and constituted a denial of due process under the Fourteenth Amendment to the Constitution of the United States.
My views upon the subject are fully stated in my dissenting opinion in the case of Davis v. State, 167 Tex. Cr. R. 524 , 321 S. W. 2d 873 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9675140. Public record. Not legal advice.