# Washburn v. State

> Court of Criminal Appeals of Texas · December 17, 1958 · 167 Tex. Crim. 125

URL: https://www.frixlaw.com/law-library/cases/9773425

## Case

- **Full name:** Harry L. WASHBURN, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 17, 1958
- **Citations:** 167 Tex. Crim. 125; 318 S.W.2d 627; 1958 Tex. Crim. App. LEXIS 3527
- **Precedential status:** Published
- **Opinion:** Concurrence by Woodley
- **Judges:** Morrison, Davidson, Woodley
- **Cited by:** 60 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/9773425

## Opinion text

WOODLEY, Judge
(concurring).
*638 Because the other Judges of this Court are unable to agree, it becomes the duty of the writer to participate in the disposition of this appeal, though he refrained from doing'so on the former appeal: "
The exclusion of the tires identified as Defendant’s Exhibit 44 raises the most serious question on the appeal.
Five tires constituted this exhibit which the court excluded because the tires were not sufficiently identified as the tires that were on appellant’s car on the 18th and 19th of January, 1955.
This Court would not be authorized, under the facts, to hold that the trial court erred in requiring further identification of the tires before permitting them to be exhibited to the jury.
This is especially so in view of the fact that the undisputed evidence shows that one of the five tires was never on appellant’s automobile.
I concur in Judge DAVIDSON’S opinion affirming the conviction.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9773425. Public record. Not legal advice.