# Stanton v. State

> Court of Criminal Appeals of Texas · January 20, 1988 · 743 S.W.2d 233

URL: https://www.frixlaw.com/law-library/cases/9759498

## Case

- **Full name:** James STANTON, Jr., Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** January 20, 1988
- **Citations:** 743 S.W.2d 233; 1988 Tex. Crim. App. LEXIS 6; 1988 WL 2554
- **Precedential status:** Published
- **Opinion:** Concurrence by McCORMICK
- **Judges:** Davis, McCormick, White
- **Cited by:** 15 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/9759498

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9759498. Public record. Not legal advice.