# Palafox v. State

> Court of Criminal Appeals of Texas · January 24, 1979 · 608 S.W.2d 177

URL: https://www.frixlaw.com/law-library/cases/9772056

## Case

- **Full name:** Kenneth Julian PALAFOX, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** January 24, 1979
- **Citations:** 608 S.W.2d 177; 1979 Tex. Crim. App. LEXIS 1811
- **Precedential status:** Published
- **Opinion:** Dissent by Douglas
- **Judges:** Roberts, Douglas, Dally, Davis
- **Cited by:** 88 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/9772056

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9772056. Public record. Not legal advice.