Opinion

Palafox v. State

  • 608 S.W.2d 177
  • 1979 Tex. Crim. App. LEXIS 1811
Court
Court of Criminal Appeals of Texas
Filed
Jan 24, 1979
Status
Published
Author
Douglas
On the bench
Roberts, Douglas, Dally, Davis
Cited by
88 cases

referred to as the “voucher rule”

How later courts described this case

  • referred to as the “voucher rule”

Written by the judges who cited it.

Distinguished

  • Distinguished by County v. State, 812 S.W.2d 303 (1991)

    The Palafox rule is also inapplicable in this case because the appellant, and not the State, elicited Severe's testimony concerning appellant's exculpatory statements.
    Court of Criminal Appeals of TexasJul 3, 1991Read it
  • Distinguished by Charles County v. State, 1989 Tex. Crim. App. LEXIS 59 (1989)

    The Palafox rule is also inapplicable in this case because the appellant, and not the State, elicited Severe’s testimony concerning appellant’s exculpatory statements.
    Court of Criminal Appeals of TexasMar 29, 1989Read it

The opinion

DOUGLAS, Judge,

dissenting.

Assuming that statements in the confession were exculpatory, Judge Daily’s dissenting opinion is correct, but his footnote 1, which states that the State should not be allowed to introduce only a part of a defendant’s statement, is too broad. Parts of a defendant’s statement or confession may be inadmissible and should not be admitted. We still have the rule adopted by the Legislature that would prevent a distorted version by the introduction of a part of a confession by the State. Article 38.24, V.A. C.C.P., Part of an act, declaration, conversation or writing, provides:

“When part of an act, declaration or conversation or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other, as when a letter is read, all letters on the same subject between the same parties may be given... . ”

The judgment should be affirmed.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.