# Moore v. State

> Court of Criminal Appeals of Texas · May 27, 1964 · 380 S.W.2d 626

URL: https://www.frixlaw.com/law-library/cases/9770655

## Case

- **Full name:** Ormond MOORE, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 27, 1964
- **Citations:** 380 S.W.2d 626; 1964 Tex. Crim. App. LEXIS 1048
- **Precedential status:** Published
- **Opinion:** On rehearing by Morrison
- **Judges:** Dice, Morrison, Woodley
- **Cited by:** 7 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/9770655

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9770655. Public record. Not legal advice.