# Crawford v. State

> Court of Criminal Appeals of Texas · November 27, 1968 · 435 S.W.2d 148

URL: https://www.frixlaw.com/law-library/cases/9767282

## Case

- **Full name:** Johnny CRAWFORD, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 27, 1968
- **Citations:** 435 S.W.2d 148
- **Precedential status:** Published
- **Opinion:** On rehearing by Onion
- **Judges:** Dice, Onion, Morrison, Rhay
- **Cited by:** 52 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/9767282

## Opinion text

OPINION
ON APPELLANT’S MOTION FOR RE-HEARING
ONION, Judge.
Since the time of our opinions on original submission, the United States Supreme Court in McConnell v. Rhay and Stiltner v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 , has held that their decision in Mempa v. Rhay, 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed.2d 336 , is to be given retroactive application.
The majority opinion on original submission affirming this cause was bottomed on the fact that the United States Supreme Court had not, at the time, held Mempa v. Rhay, supra, to be retroactive. It now has done so and the appellant is entitled to a reversal of his conviction.
The appellant is remanded to the custody of the Sheriff of Bexar County to answer the indictment in Cause No. 53,953 pending in the 175th District Court.
The order affirming the conviction is set aside, the appellant’s motion for re-hearing is granted, the judgment is reversed and the cause remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9767282. Public record. Not legal advice.