Opinion

Borroum v. State

  • 168 Tex. Crim. 552
  • 331 S.W.2d 314
  • 1960 Tex. Crim. App. LEXIS 2047
Court
Court of Criminal Appeals of Texas
Filed
Jan 6, 1960
Status
Published
Author
Morrison
On the bench
Davidson, Morrison, Woodley
Cited by
10 cases
Authority
More cited than 10.5%

The opinion

MORRISON, Presiding Judge,

(concurring).

I concur in the reversal of this conviction because of the introduction into evidence of State’s Exhibit No. 4, which is a closeup picture of the head of the deceased taken at the scene of the homicide. Due evidently to the pressure of the shot back of the eye, the eyeball has protruded, and this makes a ghastly and never-to-be-forgotten sight. A normal juror could not be expected to give much credence to a plea of self defense after viewing this scene of human wreckage. The picture of the head of the deceased lying in a pool of blood could not conceivably serve to solve any disputed issue in the case and is far more inflammatory than the pictures which the writer deemed a proper cause for reversal in Washburn v. State, 167, Texas Cr. Rep. 125, 318 S.W. 2d 627 .

I concur.

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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