Opinion

Cartwright v. State

  • 527 S.W.2d 535
  • 1975 Tex. Crim. App. LEXIS 1076
Court
Court of Criminal Appeals of Texas
Filed
Sep 17, 1975
Status
Published
Author
Odom
On the bench
Onion, Morrison, Odom
Cited by
28 cases
Authority
More cited than 8.3%

The opinion

ODOM, Judge

(concurring).

I concur in the opinion of the majority, but take exception to the closing assertion in footnote 6 of that opinion. It is true that a statutory requirement, such as that of Article 40.09(4), V.A.C.C.P., relied upon in this case, should be interpreted with uniform consistency. See the dissenting opinions in Jones v. State, Tex.Cr.App., 496 S.W.2d 566 . Nevertheless, the meaning of a statute of diverse parts detailing various requirements in different terms, such as Article 26.13, V.A.C.C.P., both before and after amendment by the 64th Legislature, cannot be stated so simply. Had the Legislature intended but a single standard or requirement in such a statute, it would have used uniform language or parallel construction throughout. Instead, by enumerating different standards in different terminology, it obviously intended a difference in the requirements, justifying a difference in interpretation from one part to the next. See my concurring opinion in Cameron v. State, Tex.Cr.App., 508 S.W.2d 618, 619 .

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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