Opinion

Moore v. State

  • 380 S.W.2d 626
  • 1964 Tex. Crim. App. LEXIS 1048
Court
Court of Criminal Appeals of Texas
Filed
May 27, 1964
Status
Published
Author
Morrison
On the bench
Dice, Morrison, Woodley
Cited by
7 cases
Authority
More cited than 10.7%

The opinion

ON STATE’S MOTION FOR REHEARING

MORRISON, Judge.

We remain convinced that this case must be reversed because of the admission of the evidence relating to the extraneous Impala incident.

The majority has reconsidered Bill of Exception No. 9 and has concluded that while it certifies reversible error, in fact no error is shown because the record contains the jury argument, and it shows that timely objection was not made. We refuse to be bound by the Court’s certification of error in the formal bill of exception where the record reflects the contrary. Free v. State, 165 Tex.Cr.R. 374 , 307 S.W.2d 808 ; Tonnan v. State, 171 Tex.Cr.R. 570 , 352 S.W.2d 272 . The majority remains convinced that the Court’s certificate in the bill constituted no action at all. He merely stated, “The court does not certify to the truthfulness of the contents therein, but he does certify that they are only the contention of the Defendant.”

The State’s motion for rehearing is overruled.

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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