# McGee v. State

> Court of Criminal Appeals of Texas · February 15, 1989 · 774 S.W.2d 229

URL: https://www.frixlaw.com/law-library/cases/9767451

## Case

- **Full name:** Jewel Richard McGEE, Jr., Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** February 15, 1989
- **Citations:** 774 S.W.2d 229; 1989 Tex. Crim. App. LEXIS 20; 1989 WL 11461
- **Precedential status:** Published
- **Opinion:** Concurrence by Teague
- **Judges:** Miller, Davis, Duncan, Teague, Clinton
- **Cited by:** 277 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/9767451

## How later opinions describe it (automated extraction)

- finding no unfair surprise where appellant complained of lack of notice that the State intended to prove the murder weapon was a brick found at the murder scene when the indictment alleged and the evidence established that a hammer was the murder weapon
- holding that trial court did not abuse its discretion by rejecting appellant’s argument, which was an incorrect statement of law and not an argument he was entitled to make
- noting that the Court held “numerous times” that 11 evidence is sufficient to prove murder “in the course of” committing robbery in a capital murder case if the State proves that the robbery occurred immediately after the murder
- stating that a court reviews the alleged argument error in light of the facts adduced at trial and in the context of the entire argument
- noting that Court of Criminal Appeals has held numerous times that proof that robbery occurred immediately after commission of murder is sufficient to prove that murder committed in course of committing robbery

## Opinion text

TEAGUE, J.,
concurs in disposition of appellant’s fourteenth point of error. See Teague v. Lane, — U.S.-, 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9767451. Public record. Not legal advice.