Opinion

Hernandez v. State

  • 517 S.W.2d 782
  • 1975 Tex. Crim. App. LEXIS 829
Court
Court of Criminal Appeals of Texas
Filed
Jan 22, 1975
Status
Published
Author
Morrison
On the bench
Morrison, Dally, Douglas
Cited by
23 cases

defendant found asleep on mattress in apartment rented to his cousin; narcotics paraphernalia found under mattress

How later courts described this case

  • defendant found asleep on mattress in apartment rented to his cousin; narcotics paraphernalia found under mattress

Written by the judges who cited it.

The opinion

MORRISON, Judge

(concurring).

I concur in the reversal of this conviction because of the failure of the State to prove that the needle marks, if found on appellant, were recent. Had this missing fact been proven, the presence of the paraphernalia under the mattress would in my opinion have been sufficiently probative to have supported the jury’s finding.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.