# Rowe v. State

> Court of Criminal Appeals of Texas · January 5, 1955 · 276 S.W.2d 296

URL: https://www.frixlaw.com/law-library/cases/9771659

## Case

- **Full name:** Morgan Austin ROWE, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** January 5, 1955
- **Citations:** 276 S.W.2d 296; 1955 Tex. Crim. App. LEXIS 1880
- **Precedential status:** Published
- **Opinion:** Dissent by Davidson
- **Judges:** Morrison, Woodley, Davidson
- **Cited by:** 4 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/9771659

## Opinion text

DAVIDSON, Judge
(dissenting on appellant’s motion for .rehearing).
The opinion overruling appellant’s motion for rehearing is predicated not so much on *299 whether the Gilderbloom case is right as it is that it should not be overruled, even though wrong.
Concerning such pronouncement I can only say that the wtong never becomes the right because it is persisted in.
The Gilderbloom case is so patently wrong and announces such a new and incorrect rule of statutory construction in this state that it ought to be expressly overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9771659. Public record. Not legal advice.