plea for law enforcement, even though “maudlin” and cast in “purple prose,” was not improper where it did not inject incriminating facts into the record, describe the offense in lurid detail, or include disparaging references to accused’s guilt
How later courts described this case
- plea for law enforcement, even though “maudlin” and cast in “purple prose,” was not improper where it did not inject incriminating facts into the record, describe the offense in lurid detail, or include disparaging references to accused’s guilt
- defendant claimed entitlement to a charge on involuntary manslaughter because he believed he was disciplining the victim and he treated the wounds; neither the motive for the beating nor the subsequent actions raised the issue of recklessness
Written by the judges who cited it.
The opinion
TEAGUE, Judge,
concurring.
For the reasons set forth in my dissent on the denial of appellant’s motion for rehearing in Pearson v. State, 587 S.W.2d 393, 396 (Tex.Crim.App.1979), I would apply Mincey v. Arizona, 437 U.S. 385 , 98 S.Ct. 2408 , 57 L.Ed.2d 290 (1978), retroactively. Thus I do not agree that the search in this case was lawful. The three cases relied upon by the majority to uphold the search in this case do not state the correct law and should be overruled. 1
I concur in the result, however, because the improper admission in evidence of the fishing rod handle was harmless beyond a reasonable doubt. Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). There was ample evidence of appellant’s guilt, and appellant confessed that he spanked his daughter Christine with a fishing rod.
Before the court en banc.
. The cases are Brown v. State, 475 S.W.2d 938 (Tex.Crim.App.1971); Corbett v. State, 493 S.W.2d 940 (Tex.Crim.App.1973), and Tocher v. State, 501 S.W.2d 921 (Tex.Crim.App.1973).