Opinion

Cole v. State

  • 484 S.W.2d 779
  • 1972 Tex. Crim. App. LEXIS 1915
Court
Court of Criminal Appeals of Texas
Filed
Jun 21, 1972
Status
Published
Author
Onion
On the bench
Roberts, Onion, Morrison
Cited by
42 cases
Authority
More cited than 10.6%

“The fingerprints are used as a means of insuring that the person on trial is the same one to whom the packet refers.”

How later courts described this case

  • “The fingerprints are used as a means of insuring that the person on trial is the same one to whom the packet refers.”

Written by the judges who cited it.

The opinion

ONION, Presiding Judge

(dissenting).

I agree that the shotgun and shell, being the fruit of an illegal search and seizure, were inadmissible. I cannot agree that the constitutional error was harmless beyond a reasonable doubt under the test established by Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). See, also, Harrington v. California, 395 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 (1969).

Therefore, I respectfully dissent.

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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