Case law

Gaines v. State

38 Tex. Crim. 202 · Court of Criminal Appeals of Texas · Oct 20, 1897

It simply established the apprehension of the witness. But from this conduct the jury had the right to infer that Mrs. … This was clearly inadmissible, and should not have been done.

Silvas v. State

71 Tex. Crim. 213 · Court of Criminal Appeals of Texas · Jun 27, 1913

It does establish beyond question that this cow was killed very near to and just south of appellant’s said field on a hill and clearly within view of appellant’s house. … That in order to kill this cow she was roped by some one on a horse, as the tracks of the cow and the horse right near where she was killed clearly established; that the cow, after being roped, was knocked in the head with

Ex Parte Peede

75 Tex. Crim. 247 · Court of Criminal Appeals of Texas · Oct 14, 1914

This is not only clearly established by the cases cited above, and many others from the United States Supreme Court, but it is so established by the decision of every State in this Union, which has passed on the question, … Then we have completely established: 1.

Muniz v. State

851 S.W.2d 238 · Court of Criminal Appeals of Texas · Jan 6, 1993

In short, an intentional killing in the course of rape would also qualify, a fortiori, as an aggravated- rape. 9 But *264 therein lies the problem. … And in Wooldridge the evidence clearly demonstrated that serious bodily injury occurred well before the conduct that caused the death. 653 S.W.2d at 816, n. 9 .

State of Texas v. Mazuca, Alvaro

375 S.W.3d 294 · Court of Criminal Appeals of Texas · May 23, 2012

54 But it also agreed with the lower court’s assessment that “this is the least important Brown factor.” 55 The Hum-mons court next confirmed the lower court’s conclusion that the discovery of the arrest warrant indeed qualified … Under these circumstances, applying the law, as we have explicated it in this opinion, to the undisputed facts of the case in our de novo review, we conclude that the behavior of the arresting officers, although clearly unlawful

Sorrell v. State

74 Tex. Crim. 505 · Court of Criminal Appeals of Texas · Jun 26, 1914

The only qualification to this bill is that it was admitted under the defendant's plea of suspended sentence and that it is qualified by the charge of the court. Of this latter we will see later. … This was clearly not the intention of the law. We are not sure that we quite understand the position of the State in its brief, with reference to this most grievous and unnecessary error.

Howard v. State

77 Tex. Crim. 185 · Court of Criminal Appeals of Texas · May 26, 1915

The railroad "company when it accepted the car of potatoes for transportation was in possession of them, and had a qualified ownership in them until the delivery of the potatoes to the consignee or person authorized by him … In that case it was clearly, showp that many things occurred during the absence of the court Hom th *197 room that were objectionable, and that if the court had been present, exception would have been made thereto at the

Gobert, Milton Dwayne

Court of Criminal Appeals of Texas · Nov 23, 2011

facts to establish probable cause, even after appellant's illegally obtained statements were excluded. … Therefore, the trial judge did not abuse his discretion in admitting it after determining that Merillat was qualified to testify as an expert regarding the prison classification system and opportunities for violence in prison

Williams, Antonio Lee

Court of Criminal Appeals of Texas · Dec 16, 2009

This evidence was legally sufficient to establish that appellant murdered Williams and Styles in a rapid sequence of unbroken events. Point of error one is overruled. … The issue of self-defense is clearly in play. They will be admitted. All right. Ya'll can - - You want to note your objection?

Farris v. State

819 S.W.2d 490 · Court of Criminal Appeals of Texas · Nov 28, 1990

Clearly, if believed, the testimony of Nation and Daniels was more than adequate for such purpose. Accordingly, appellant's first point of error is overruled. … Defense counsel continued in this vein and established Dow would not pre-judge this case.

Brimage v. State

918 S.W.2d 466 · Court of Criminal Appeals of Texas · Jan 10, 1996

Cases Requiring Substantial Movement In contrast to the eases cited above, many states adhere to the more traditional view that movement must be substantial to qualify as kidnapping. 4 These cases generally rea *488 son “ … Clearly the intent of the restraint or movement, if any, in this case was sexual.

Cooper v. State

77 Tex. Crim. 209 · Court of Criminal Appeals of Texas · Jun 2, 1915

Some of the facts were established without controversy. Others were controverted. … The bill claims that the juror was disqualified under subdivision 13, article 692, Code of Criminal Procedure, but it clearly shows that the action of the court in holding the juror qualified was in accordance with that subdivision

Meyers v. State

39 Tex. Crim. 500 · Court of Criminal Appeals of Texas · Jun 15, 1898

The allegation that a fair and impartial trial can not be had must be clearly established, or the venue will not be changed.” See 3 Am. and Eng. Enc. of Law (old ed.), p. 96, and notes. … It is thickly populated,- the number of voters, as shown by the record, being about 5000; and-of this number there- are about 2500 qualified jurors.

Ransom v. State

789 S.W.2d 572 · Court of Criminal Appeals of Texas · Sep 20, 1989

But this inquiry does not require a court to ‘ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt.’ Woodby v. … The attorney qualified his remarks, however, by stating that it might take two to three times the normal amount to select a jury. 3 .

Williams, Antonio Lee

Court of Criminal Appeals of Texas · Dec 16, 2009

This evidence was legally sufficient to establish that appellant murdered Williams and Styles in a rapid sequence of unbroken events. … * * * [DEFENSE COUNSEL]: He definitely shows that he’s death qualified based on all of the questionnaire’s questions asked by either the

Coble, Billie Wayne

Court of Criminal Appeals of Texas · Oct 13, 2010

He agreed that he was not qualified to express any opinion regarding appellant's "future dangerousness." … Texas law clearly assures that all such evidence will be adduced. Id. at 274-76 .

Neal, Ronnie

Court of Criminal Appeals of Texas · Jun 18, 2008

Appellant has failed to establish the onset before age 18 of either significant sub-average general intellectual functioning or limitations in adaptive functioning. … We have held that the defendant bears the burden of proof to establish by a preponderance of the evidence that he is mentally retarded.35 Points of error four and five are overruled.

Neal, Ronnie

Court of Criminal Appeals of Texas · Jun 18, 2008

Appellant has failed to establish the onset before age 18 of either significant sub-average general intellectual functioning or limitations in adaptive functioning. … We have held that the defendant bears the burden of proof to establish by a preponderance of the evidence that he is mentally retarded. (35) Points of error four and five are overruled.

Shippy v. State

556 S.W.2d 246 · Court of Criminal Appeals of Texas · Apr 27, 1977

Guilt has already been established when this stage of the proceedings is reached. … Texas law clearly assures that all such evidence will be adduced." (Footnotes omitted.) 428 U.S., at 274 , 96 S.Ct., at 2957 .

Anderson v. State

717 S.W.2d 622 · Court of Criminal Appeals of Texas · Jul 2, 1986

The trial court held that Dunlap’s testimony was relevant and there is ample evidence in the record to show that Dunlap was a qualified reputation witness. … The State called several witnesses to testify at the punishment stage to establish the appellant’s propensity to commit future acts of violence.