# McCallum v. State

> Court of Criminal Appeals of Texas · December 23, 1980 · 608 S.W.2d 222

URL: https://www.frixlaw.com/law-library/cases/9772064

## Case

- **Full name:** Randall P. McCALLUM, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 23, 1980
- **Citations:** 608 S.W.2d 222; 1980 Tex. Crim. App. LEXIS 1512
- **Precedential status:** Published
- **Opinion:** Dissent by Phillips
- **Judges:** Onion, Phillips, Davis, Dally, Roberts, Clinton
- **Cited by:** 15 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/9772064

## Opinion text

PHILLIPS, Judge,
dissenting.
The majority on rehearing is entirely too niggardly in its treatment of this appeal. Appellant’s grounds of error and his arguments supporting those grounds fairly raise the issue of the lawfulness of the search conducted by Officer Cook. Cook by his own testimony acknowledged that he sought consent only to open the trunk and look inside. I fail to see how the testimony of appellant quoted by the majority can, even by the stretch of a fertile imagination, constitute evidence that appellant consented to more than Cook requested of him.
*226 The search was unlawful-the worst sort of pretext. The issues raised by the search are important; in fact, of constitutional dimension. Why duck the issues presented by adopting an overly technical construction of appellant’s grounds of error?
A majority of the Court is in error, but it is not the majority on original submission.
I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9772064. Public record. Not legal advice.