Opinion

Tocher v. State

  • 501 S.W.2d 921
  • 1973 Tex. Crim. App. LEXIS 2118
Court
Court of Criminal Appeals of Texas
Filed
Nov 28, 1973
Status
Published
Author
Roberts
On the bench
Dally, Roberts, Onion
Cited by
13 cases

photographs of murder scene taken by officers who were on the scene during execution of valid search warrant depicted only what was in plain view and did not constitute search and seizure

How later courts described this case

  • photographs of murder scene taken by officers who were on the scene during execution of valid search warrant depicted only what was in plain view and did not constitute search and seizure
  • photographs of murder scene taken by officers who were on scene during execution of valid search warrant depicted only what was in plain view and did not constitute search and seizure

Written by the judges who cited it.

The opinion

ROBERTS, Judge

(concurring).

I concur in the result reached, but I feel that clarification on one of appellant’s grounds of errors is necessary.

I refer to the admission of the four photographs “for purposes of the record only” and the subsequent viewing of those photographs by the jury. When the jury inquired of the trial judge concerning these pictures, he should have acted at that point. Art. 36.27, V.A.C.C.P. The proper course of action would have been to respond to the question and then withdraw the exhibits. However, the failure to act was rendered harmless in this case because of the fact that the photographs would have been admissible during the course of the trial for the jury to view. I further question the meaningfulness of admitting evidence “for the record only” in such a case as this, where the purpose for doing so is certainly unclear.

ONION, P. 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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