Opinion

Saunders v. State

172 Tex. Crim. 17
353 S.W.2d 419
1961 Tex. Crim. App. LEXIS 3541

Court: Court of Criminal Appeals of Texas
Filed: Nov 15, 1961
Status: Published
Author: Woodley
On the bench: Morrison, McDonald, Woodley
Cited by: 9 cases
Authority: More cited than 8.2%

The opinion

WOODLEY, Presiding Judge,

dissenting.

Sublett v. State, 158 Texas Cr. Rep. 627 , 258 S.W. 2d 336 , was cited in support of the quoted holding in Bumpass v. State, supra. The holding appears to be a correct one, and I find no reason why it should not be applied here. If it is not to be followed, the holding mentioned should be specifically overruled. Otherwise, the state’s motion for rehearing should be granted.

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