Opinion

Stanton v. State

  • 743 S.W.2d 233
  • 1988 Tex. Crim. App. LEXIS 6
  • 1988 WL 2554
Court
Court of Criminal Appeals of Texas
Filed
Jan 20, 1988
Status
Published
Author
McCORMICK
On the bench
Davis, McCormick, White
Cited by
15 cases

discussing Trammell v. State, 445 S.W.2d 190 (Tex. Crim. App. 1969), and indicating that recent prior conduct of eluding police would satisfy escape requirement

How later courts described this case

  • discussing Trammell v. State, 445 S.W.2d 190 (Tex. Crim. App. 1969), and indicating that recent prior conduct of eluding police would satisfy escape requirement
  • reversing a lower court opinion which had held that escape was shown when the defendant was merely leaving one place to go to another
  • implicitly disapproving officers’ untested assumption that they could not obtain an arrest warrant in time because the courthouse was closed
  • where the defendant did not know his cohorts had been apprehended or that his residence was staked out by the police

Written by the judges who cited it.

Distinguished

  • Distinguished by Morelos v. State, 1989 Tex. App. LEXIS 1317 (1989)

    743 S.W.2d at 236, that case is also distinguishable.
    Court of Appeals of TexasMay 18, 1989Read it

The opinion

McCORMICK, Judge,

concurring.

Although the arrest of appellant would clearly pass constitutional muster, the strict application of Article 14.04, V.A.C. C.P., dictates a different result. Since the Legislature has chosen to allow Article 14.-04, supra, to continue as part of our jurisprudence without clarifying what is intended by the “about to escape” provisions, the courts of this State will continue to wrestle with the problem. The instant case vividly demonstrates the need for such legislative clarification.

With these remarks, I concur in the judgment of the Court.

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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