# Adley v. State

> Court of Criminal Appeals of Texas · November 6, 1985 · 718 S.W.2d 682

URL: https://www.frixlaw.com/law-library/cases/9678230

## Case

- **Full name:** Ronald Gerald ADLEY, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 6, 1985
- **Citations:** 718 S.W.2d 682; 1985 Tex. Crim. App. LEXIS 1735
- **Precedential status:** Published
- **Opinion:** Dissent by Clinton
- **Judges:** Campbell, White, Clinton, McCor-mick
- **Cited by:** 48 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/9678230

## Opinion text

CLINTON, Judge,
dissenting.
In its motion for rehearing the State urges a construction of the statutes that would sustain constitutionality of V.T.C.A. Penal Code, § 47.03(a)(2). The majority disdains that approach, notwithstanding its antiquity in jurisprudence of practically every jurisdiction as well as this one. See 53 Tex.Jur.2d 277-278, Statutes, § 184.
For reasons stated in my dissenting opinion on original submission we should take that approach and, having taken it, uphold validity of § 47.03(a)(2) on the construction given the statutes in my dissenting opinion in Dowdy & Dowdy v. State, 713 S.W.2d 350 (Tex.Cr.App.).
Because the majority causes the Court needlessly to strike down a statute intended and designed by the Legislature in exercise of its police power to advance significant public policy considerations pertaining to health, safety, peace and welfare of the citizens of this State, I dissent.
McCORMICK, J., joins.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9678230. Public record. Not legal advice.