Opinion

Bass v. State

  • 527 S.W.2d 556
Court
Court of Criminal Appeals of Texas
Filed
Sep 23, 1975
Status
Published
Author
Morrison
On the bench
Onion, Morrison, Douglas
Cited by
5 cases

The opinion

MORRISON, Judge

(concurring in part and dissenting in part).

I concur in the results as to the appellant Coleman. However, I respectfully dissent in the results as to the appellants Bass and Haynes. The admission of appellant Coleman’s statement referring to extraneous offenses was error. But, in view of the overwhelming independent evidence pf guilt of Bass and Haynes, I cannot conclude that the probable impact on the minds of the jurors was so prejudicial as to require reversal.

The testimony of the deceased’s wife, who was an eye witness to the murder, the physical evidence and the individual confessions of Bass and Haynes were of such strong character as to lead to the conclusion that the State’s case would not have been less persuasive had this statement been excluded. Therefore, the admission of this statement, while error, was harmless error beyond a reasonable doubt. Schneble v. Florida, supra; Harrington v. California, supra.

No reversible error has been shown as to Bass and Haynes. The judgments as to them should be affirmed.

DOUGLAS, J., joins in this opinion.

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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