Opinion

Gosch v. State

  • 829 S.W.2d 775
  • 1991 Tex. Crim. App. LEXIS 281
  • 1991 WL 264601
Court
Court of Criminal Appeals of Texas
Filed
Dec 18, 1991
Status
Published
Author
Clinton
On the bench
McCormick, Clinton, Baird
Cited by
171 cases
Authority
More cited than 13.0%

stating that although motive is not element of offense, State is entitled to prove motive “if it is relevant as a circumstance tending to prove the commission of the offense.”

How later courts described this case

  • stating that although motive is not element of offense, State is entitled to prove motive “if it is relevant as a circumstance tending to prove the commission of the offense.”
  • finding that the appellant’s attempted flight was a factor that tended to connect him to the murder
  • holding that evidence of withdrawing cash with intent to flee country probative of intent to murder
  • evidence demonstrating accused’s motive “is admissible if it is relevant as a circumstance tending to prove the commission of the offense

Written by the judges who cited it.

The opinion

CLINTON, J.,

dissents for reasons given in his dissenting opinion in Ex Parte Bower, 823 S.W.2d 284 (Tex.Cr.App.1991).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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