# Hernandez v. State

> Court of Criminal Appeals of Texas · January 22, 1975 · 517 S.W.2d 782

URL: https://www.frixlaw.com/law-library/cases/9683944

## Case

- **Full name:** Manuel Gomez HERNANDEZ, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** January 22, 1975
- **Citations:** 517 S.W.2d 782; 1975 Tex. Crim. App. LEXIS 829
- **Precedential status:** Published
- **Opinion:** Concurrence by Morrison
- **Judges:** Morrison, Dally, Douglas
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9683944

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9683944. Public record. Not legal advice.