holding State had burden of proving that the two defendants were same person
How later courts described this case
- holding State had burden of proving that the two defendants were same person
Written by the judges who cited it.
Later courts went against this
Overruled in part by Cooper v. State, 1982 Tex. Crim. App. LEXIS 888 (1982)
To the extent this holding conflicts with Porier v. State, supra; Komurke v. State, 562 S.W.2d 230 (Tex.Cr.App.1978); Tyra v. State, 534 S.W.2d 695 (Tex.Cr.App.1976), and Bullard v. State, 533 S.W.2d 812 (Tex.Cr.App.1976), those cases are expressly overruled.
Overruled — as noted by a later court
533 S.W.2d 812 [(Tex.Cr.App.1976) ] ... those cases are expressly overruled.”
medium confidence
The opinion
ONION, Presiding Judge,
(concurring in part and dissenting in part).
I agree that the case must be remanded to the trial court for a new hearing on punishment, but cannot agree that Elizalde v. State, 507 S.W.2d 749 (Tex.Cr.App.1974), only recently • decided without dissent, should be overruled by the “current” majority.