# Cole v. State

> Court of Criminal Appeals of Texas · June 21, 1972 · 484 S.W.2d 779

URL: https://www.frixlaw.com/law-library/cases/9768051

## Case

- **Full name:** Johnny Lerl COLE, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 21, 1972
- **Citations:** 484 S.W.2d 779; 1972 Tex. Crim. App. LEXIS 1915
- **Precedential status:** Published
- **Opinion:** Dissent by Onion
- **Judges:** Roberts, Onion, Morrison
- **Cited by:** 42 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/9768051

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9768051. Public record. Not legal advice.